Need To Plug Loopholes In Whistleblower Protection Act Says Latheefa
MACC chief Latheefa Koya says there is a difference between a whistleblower and a complainant.PUTRAJAYA: There are loopholes in the Whistleblower Protection Act 2010 which need to be plugged, Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya said
Without specifying what these loopholes are, she said she would be bringing the issues to the government in the hope of “closing the gaps”
Latheefa, who was speaking to the media after an event here today, said that at the moment, MACC granted immunity to those seeking whistleblower protection
However, there was a difference between a whistleblower and a complainant, she said when asked if MACC would protect those who handed over or revealed classified information to agencies and parties other than the police and the MACC
“We need to be clear. If a person exposes something, it does not necessarily mean that person is a whistleblower,” she said, adding that a whistleblower was someone who may be affected or penalised because of the information given to MACC
“Merely exposing someone does not make that person a whistleblower,” she said
Latheefa said that there were three categories at MACC that dealt with the subject – an informant, a complainant or the victim, and a whistleblower
There were issues to deal with, especially on balancing the idea of protecting the whistleblower and the effectiveness of the complaint, she said
“If everything is exposed, how do we then investigate? A person or a company can be exposed to accusations or allegations which have yet to be investigated. So these are the things which we have to take note of first,” she said
Latheefa said immunity initially granted to a whistleblower could also be revoked as “it really depends on what is the nature of the complaint”
Those lodging a complaint, she said, must identify themselves as either an informer, the victim or a whistleblower
“If someone comes and gives us information and that same information is told to the press, then there could be a problem,” she said
She said exposing information that had been submitted to MACC was considered sabotage, as it undermined MACC’s investigations
Previously, under the Barisan Nasional administration, people went to Invoke Malaysia – a platform used to gather confidential information – as they feared being punished or penalised for inside information against the government. - FMT
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