We wrote about the dynamic field of whistleblower regulation some time ago and since then several important regulatory updates have occurred that are worth raising. In this update we also dive into how whistleblower protections can be strengthened through robustly empowered supervisory bodies, practical anti-retaliation measures and tackling whistleblowing in traditionally confidential sectors. Continue reading Whistleblower regulations update: strengthening protections
Search Results for: whistleblow
Whistleblowers: protection, incentives and reporting channels as a safeguard to the public interest
Whistleblowing has become a dynamic regulatory field. Several jurisdictions have recently opened public consultations in this relation. They recognise the need to protect the good faith whistleblower disclosing alleged wrongdoing to ensure, in fine, the respect of the public interest.
This article presents international framework on whistleblowing (Part I.), model laws (Part II.), national reference regulation (Part III.) and national regulation which is commendable for specific aspects (Part IV.). Continue reading Whistleblowers: protection, incentives and reporting channels as a safeguard to the public interest
World’s first Model Law on Public Financial Management
The Regulatory Institute proudly assisted the Southern African Development Community Parliamentary Forum (SADC PF) develop the world’s first Model Law on Public Financial Management (MLPFM). The MLPFM was unanimously approved by the 51st Plenary Assembly of the SADCPF on 14 July 2022, representing several months of work, by experts in several countries and an extensive consultation process across diverse sectors of the SADC region. This howtoregulate article outlines the regulatory assistance provided by the Regulatory Institute in the development of this trailblazing model law. Given the value of model laws as a lawmaking tool, the Regulatory Institute is developing a Model Laws Library, the aim of which is to facilitate the work of lawmakers. Continue reading World’s first Model Law on Public Financial Management
Part 2: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
We published Part 1 of this two part howtoregulate article on moving beyond traditional prevention of animal cruelty legislation to regulating animal welfare and now we present Part 2. Part 1 provided an overview of animal welfare regulatory frameworks at the international, supra-national, national and state levels. Part 2 focuses on regulatory techniques for strengthening particular aspects of animal welfare regulation (A) and highlights some missed regulatory opportunities (B). Continue reading Part 2: Beyond the prevention of animal cruelty and abuse: regulating animal welfare
Digital government: regulating the automation of public administration
Governments are increasingly looking towards automated decision-making systems (ADS), including algorithms to improve the delivery of public administration. This raises issues in administrative law around legality, transparency, accountability, procedural fairness and natural justice. The provision of public services and government decision-making are regulated by legislation that protect administrative (public) law principles and permit affected persons to seek judicial review of that decision. However, the government use and deployment of ADS has, in many jurisdictions, preceded any prudent analysis of how the ADS fits within the broader administrative legal framework. This howtoregulate article outlines a regulatory framework for the automation of public administration. Continue reading Digital government: regulating the automation of public administration
Beyond a destination and towards a culture: Corporate transparency regulations
The private sector plays a critical role in achieving economic and social goals through providing goods and services, employment and tax revenue. Corporate vehicles such as companies, trusts, foundations, partnerships, and other types of legal persons and arrangements, make up a large share of the private sector. Although corporate transparency is a standard business practice of most companies, other corporate vehicles have less transparency as revealed by the International Consortium of Journalists in the Panama Papers. Corporate transparency regulations need always to balance measures aimed at catching bad actors with measures that encourage voluntary transparency, to avoid overly burdensome rules. This howtoregulate article focuses on good examples of corporate transparency regulations and highlighting opportunities for improvement. Continue reading Beyond a destination and towards a culture: Corporate transparency regulations
Caring about older persons in regulation
Good regulations for the care of older persons is critical for states where the share of the ageing population is increasing quickly because the burden on aged services also exponentially grows. The population ageing process is a transversal issue that cuts across several policy areas and regulatory mechanisms, often requiring implementation several years in advance to address future demand. This howtoregulate article looks at best practices for regulating care for the aged in circumstances where the target group are working less, living longer and needing more. Continue reading Caring about older persons in regulation
Restoring trust: using regulations to protect the impartiality of decisions and research in the public interest
This howtoregulate article focuses on using regulations to protect the impartiality of decisions and research in the public interest. All too often we see stories breaking about the alleged impropriety of important decisions or research that served a narrow interest at odds with the public interest. Sobering indeed, is the phenomenon of scientific deniers or the rejection of scientific evidence as a basis for government decisions and policy. Impartiality is an important factor in public trust of democratic and scientific institutions, such as universities and government departments. In using regulations to protect the principle of impartiality we look at some examples of how this is done at the international and national level, ending with some recommendations to improve regulatory measures. Continue reading Restoring trust: using regulations to protect the impartiality of decisions and research in the public interest
Regulating online safety and tackling online harms
When Tim Berners-Lee invented the World Wide Web in 1990, he envisaged a decentralised environment of free exchange of ideas and information. Fast forward to 2019, almost 30 years later, and that online environment has been polluted by disinformation, manipulation, harassment and privacy breaches. The growth of online pollution has prompted various regulatory responses such as the European Union’s General Data Protection Regulation1, Germany’s Network Enforcement Act2, Australia’s Abhorrent Violence Amendment Bill3 and California’s Consumer Privacy Act4, each one responding to an online safety problem. In a world first, however, the UK has signalled it will regulate online safety in a single and coherent way, including creating a statutory duty of care for online safety. This howtoregulate article will analyse the UK’s regulatory approach outlined in its April 2019 Online Harms White Paper, which is open for public consultation until July 2019, and propose ways to improve on regulatory enforcement of online safety. Continue reading Regulating online safety and tackling online harms
Infectious diseases: how to regulate an agile system equipped for the unknown
This howtoregulate article explores the regulation of infectious diseases, an issue of global importance noting that an outbreak from any infectious disease is just a plane ride away. Global climate change has contributed to increases in vector-borne diseases1 and zoonotic diseases2, as animals move to populated areas in search of food. The World Health Organisation even has a placeholder for future unknown diseases (Disease X) on its list for determining which diseases and pathogens3 to prioritise for research. Evidently, effective public health regulations are critical for the effective surveillance, early detection and prevention of infectious diseases. Continue reading Infectious diseases: how to regulate an agile system equipped for the unknown