Protection of whistleblowers

In 2022, no information regarding violations subject to the whistleblower protection requirements of the Republic of Lithuania was received.

Implementation of the Provisions of the Whistleblower Protection Law of the Republic of Lithuania.

The Whistleblower Protection Law of the Republic of Lithuania (hereinafter referred to as "the Law") establishes a protection mechanism for individuals who have provided information about a violation in an institution with which they are or were connected through service, employment, or contractual relations. The Law also sets out the rights and obligations of persons reporting violations in institutions, the basis and forms of their legal protection, as well as measures for their protection, encouragement, and assistance, aiming to create proper opportunities to report legal violations that threaten or violate the public interest, and ensure the prevention and disclosure of such violations.

Information about a violation in the Office of the Chief Archivist of Lithuania or in an institution subordinate to the Office – a state archive (hereinafter collectively referred to as a state archives system institution) – can be submitted by a person who is or was connected to a state archives system institution through service, employment, or contractual relations (consulting, contracting, internship, practice, volunteering, etc.) and who provides information about a violation in this institution.

A violation – is a criminal act, administrative offense, service misconduct, or breach of work duties possibly being prepared, committed, or already committed in a state archives system institution, as well as a gross violation of mandatory professional ethics norms or another legal violation that threatens or violates the public interest, which the person reporting the violation learns about from their existing or past service, employment, or contractual relations with the state archives system institution.

According to the Law, information about violations is provided due to:

1. Danger to public safety or health, personal life or health;
2. Environmental hazard;
3. Interference or illegal influence on investigations conducted by law enforcement institutions or on courts administering justice;
4. Illegal financing of activities;
5. Illegal or non-transparent use of public funds or property;
6. Illegally obtained property;
7. Concealment of the consequences of a committed violation, obstruction in determining the extent of the consequences;
8. Other violations.

It is noted that information about violations is provided to protect the public interest. Providing information solely to defend personal interests is not considered reporting.

A person can submit information about a violation in a state archives system institution in the following ways:

• Through an internal channel for reporting violations (send information about a violation to the email address [email protected]).

It is recommended to submit information about a violation by filling out this violation report form. Information about a violation can also be submitted in a free-form report, but it must indicate that the information about the violation is being provided in accordance with the Whistleblower Protection Law and must include the following information: who, when, how, and what violation was committed, is being committed, or is being prepared, etc.; the date and circumstances of learning about the violation; the name, surname, personal identification number, workplace, and other contact details of the person reporting the violation; if possible, any available documents, data, or information revealing possible signs of a violation. Please note that after submitting information about a violation using this form or submitting a free-form report indicating that the information about the violation is provided according to the Whistleblower Protection Law, the information about the violation will be forwarded to the competent authority (Prosecutor's Office of the Republic of Lithuania) within 2 working days.

• Directly to the Prosecutor's Office of the Republic of Lithuania

(In accordance with the procedure established by the Description of the Procedure for Submitting Reports about Violations in Institutions to the Prosecutor's Office of the Republic of Lithuania)

A person may directly approach the Prosecutor's Office of the Republic of Lithuania in case of at least one of the following circumstances: the violation is of essential significance to the public interest; it is necessary to prevent or stop a violation as soon as possible because significant damage may occur; the leading persons connected to the institution through work, service, or contractual relations themselves are possibly committing or have committed violations; information about the violation was provided through an internal channel for reporting violations, but no response was received or no action was taken in response to the provided information, or the measures taken were ineffective; there is a reason to believe that, by submitting information about the violation through an internal channel for reporting violations, the anonymity of the reporter or the confidentiality of the person may not be ensured or attempts will be made to conceal the reported violation; there is no functioning internal channel for reporting violations in the institution; the person cannot use the internal channel for reporting violations because their connection with the institution through work, service, or other legal relations has ended.

• Publicly

Publicly, information about a violation can be provided to report an imminent danger to human life, public health, or the environment, when it is necessary to take urgent actions to prevent such a threat and due to lack of time, it is not possible to report the violation in other ways, or if the required actions were not taken in time after reporting the violation in other ways.

Confidentiality

Confidentiality is ensured for the person who has provided information about a violation according to the Law. The requirement to ensure confidentiality does not apply when:

1. The person who is submitting or has submitted information about the violation requests in writing;
2. The person submits knowingly false information.

Processing of Information about Violations

The internal channel for reporting violations is administered, and the information about violations received through this channel is reviewed, and the confidentiality of the person who submitted the information about the violations (except in cases provided for by the Whistleblower Protection Law) is ensured by the Chief Specialist of the Administration and Finance Department of the Office of the Chief Archivist of Lithuania responsible for creating an anti-corruption environment, Asta Baranauskienė, or in her absence – the Head of the Administration and Finance Department, Rasa Šimkienė.

The procedure for accepting, evaluating, making decisions on the received information about possible violations being prepared, committed, or already committed in a state archives system institution, and confidentiality assurance procedures are regulated by the Description of the Procedure for Providing Information According to the Whistleblower Protection Law in the Office of the Chief Archivist of Lithuania and State Archives.

The Description of the Procedure for Rewarding Whistleblowers for Valuable Information and the Description of the Procedure for Compensating Whistleblowers for Negative Impact or Possible Consequences Due to the Submitted Report are approved by the Resolution No. 1133 of the Government of the Republic of Lithuania dated November 14, 2018, "On the Implementation of the Whistleblower Protection Law of the Republic of Lithuania".

The submission of knowingly false information, as well as information constituting a state or official secret, does not provide the person with guarantees under the Law. A person who submits knowingly false information or discloses a state, official, or professional secret is responsible according to the procedure established by law.

Consultations

For questions about the Whistleblower Protection Law, the Procedure for Rewarding Whistleblowers for Valuable Information, and the Procedure for Compensating Whistleblowers for Negative Impact or Possible Consequences Due to the Submitted Report, approved by the Resolution No. 1133 of the Government of the Republic of Lithuania dated November 14, 2018, "On the Implementation of the Whistleblower Protection Law of the Republic of Lithuania", please call the General Prosecutor's Office at (8 5) 266 2329. You can also find more detailed information relevant to whistleblowers here.

Contact phones for questions about submitting information through the internal channel for reporting violations:

Asta Baranauskienė +370 649 74708

Rasa Šimkienė +370 675 08386