Anonymous Whistleblowing: Pros, Cons, and How To Proceed Safely

Whistleblowing can be a powerful tool to deter and identify illegal and unethical behaviors. However, protecting whistleblower identities is of utmost importance because of the possible threat of retaliation. Potential whistleblowers and organizations must choose between anonymous or confidential whistleblower channels.

If you are considering making a report, you must know the key aspects of anonymous whistleblowing: the pros, cons, and how to proceed safely. 

Confidential vs. Anonymous Whistleblowing

Sometimes, a whistleblower comes forward with information to a certain group to report wrongdoing. Their identity is kept confidential and only known within the group to protect them from retaliation. This is known as confidential whistleblowing.

Other times, the whistleblower reports the information without revealing their identity to anyone. They remain completely unknown in anonymous whistleblowing.

Pros of Anonymous Whistleblowing

The biggest benefit of anonymous whistleblowing is that the reporter’s identity is unknown. This means the risk to their safety and of any retaliation remains low. Overall, anonymity creates the best chance of protecting the whistleblower.

In addition, having channels for anonymous whistleblowing may increase the transparency and accountability in the organization. People are likelier to report illegal or unethical practices if they feel safer. This can make it easier to reduce these sorts of practices.

Cons of Anonymous Reporting

Unfortunately, anonymous whistleblowing has some downsides. Because no one knows the reporter’s identity, it is harder for authorities to investigate and eventually prosecute the wrongdoers.

In addition, it can be harder for investigators to determine whether the information is true. Anonymous reporting can increase the potential for misleading or false reports.

Ensuring Safety in Whistleblowing

Understanding anonymous reporting best practices is key to ensuring your safety while whistleblowing. You’ll want to do research, take appropriate actions, and get assistance when needed.

Understand Your Rights

As a whistleblower, you are afforded certain protections. Whistleblowing is a protected activity that shields you from the threat of retaliation. Unfortunately, you may still face this if someone finds out your identity. 

Make sure you fully understand what you are protected against and how to file a complaint if you are the victim of retaliation.

It’s also important to understand what rights you do not have. For example, if you report internally, this may be used as justification to fire you and may not guarantee your right to anonymity.

While laws attempt to maintain confidentiality, they often don’t work in practice because the company knows who you are.

Take Action

To protect your identity and confidentiality, you should take certain precautions.

Use Secure Devices: The Supreme Court allows surveillance on corporate-owned property, even if it’s given to someone for personal use. Do not use any device your organization or government owns to report wrongdoing, including cell phones, computers, and tablets.

Create a New Email: Your email easily identifies you. Make sure to create and use a new email so your online presence doesn’t identify you.

Don’t Use Online Platforms: Social media or other online platforms also disclose your identity. Do not use them to report wrongdoing.

Do Not Go to the Media: Journalists and confidential informants do not have a right to remain confidential. While the First Amendment may provide some protection, it’s not much. Your press communications may be used if the case goes to court.

File Your Claim Under a Protective Law: The US government tries to maintain the confidentiality of informants. Choosing the right law under which to file your claim can give you better protection. Strong laws include the Dodd-Frank Act, the IRS Tax Whistleblower Law, and the False Claims Act.

Several other laws and organizations provide additional protection in certain circumstances. Your attorney can inform you of these.

Get Assistance

Working with a whistleblower attorney can help you get the legal advice you need. Your conversations with your attorney are protected through attorney-client privilege, and you can have a safe place to discuss your next steps.

While you may be tempted to report wrongdoing through internal channels. this may not be the best idea. Even though Congress has been enacting laws to protect internal reporters, the long history of retaliation and lack of protection mean it may not be the best idea.

Instead, discuss the situation with your attorney. They can guide you through the best reporting change and even help obtain a whistleblower reward if applicable.

Protect Your Identity While Whistleblowing

Whistleblowing can put you at risk for retaliation. Understanding various aspects of anonymous whistleblowing (pros, cons, and how to proceed safely) gives you a better chance of remaining anonymous and protected. Remember, you can always get legal counsel to help you understand your rights.

Are you considering reporting wrongdoing and need help ensuring your safety? Call 310-376-0922 to schedule a free consultation with Kent Pincin in Redondo Beach, CA.