Confidentiality (HinSchG)
Section 8 HinSchG — protection of the whistleblower's identity
Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.
TL;DR
Confidentiality is the core protection of the German Whistleblower Protection Act (HinSchG). The identity may only be disclosed to investigators with the whistleblower's express consent. Breach: damages + fine of up to EUR 50,000.
What is confidentiality (HinSchG)?
Protective measures:
- Encrypted intake software
- Access restriction (RBAC)
- Audit trail of every action
- Separation of HR / reporting office
- Confidentiality declarations
Practical example
An HR director asks the reporting office officer 'so who actually reported it?'. The officer must remain silent — even toward the managing director.
Frequently asked questions
In case of criminal prosecution?
Section 9 HinSchG: exception only for criminal prosecution + averting danger — not in civil proceedings.
Fine for breach?
Section 40 HinSchG up to EUR 50,000 + Section 37 damages.