The fight against the omnipotence of GAFAM has a new face, that of Frances Haugen.
The former engineer denounced, with supporting evidence, algorithms promoting addiction and not making it possible to fight against disinformation.
She was heard by the US Congress on October 5, which promised "
to act
".
In her speech, the whistleblower nevertheless feared reprisals from the tech giant.
"
I believe what I did was correct and necessary for the common good, but I know Facebook has endless resources it could use to destroy me
."
Read alsoAn opponent of the Gafa at the head of the American antitrust
On our side of the Atlantic, the presidential candidate Nicolas Dupont-Aignan was also alarmed on BFM TV about the fate of whistleblowers.
“
Whistleblowers in France are mistreated.
I am thinking in particular of
Stéphanie Gibaud
(revelations of tax evasion concerning the UBS bank, Editor's note),
which allowed the State to earn billions of euros and who is in misery today.
Why ?
Because whistleblowers are not protected, they are accused of denouncing, of all evils.
It's terrible to think that we are in a country where those who defend the general interest are immediately put aside
”.
Who are the whistleblowers?
Heroized by some, hated by others, staged in cinema, whistleblowers have become figures in public opinion. The very term was introduced in France by the sociologist Francis Chateauraynaud in 1996. "
In the context of the 90s and health crises, contaminated blood or mad cow disease, there were many mobilizations
", he testifies to du
Figaro
. “
I wanted to create this notion to name the people who are the first to have the opportunity to report something. The Canadians had translated the Anglo-Saxon
Whistleblower
into a whistleblower. Launching an alert has another meaning: announcing risks even if the evidence is not yet there
», Adds the one who became director of studies at EHESS.
Read alsoMediator, tax fraud, coronavirus ... These whistleblowers who took all the risks
In 2016, the Sapin II law provides a definition of the whistleblower which continues to this day: "
A natural person who discloses or reports, unselfishly and in good faith, a crime or an offense, a serious violation and manifest of an international commitment duly ratified or approved by France, of a unilateral act of an international organization taken on the basis of such a commitment, of the law or of the regulations, or a serious threat or prejudice to the general interest, of which she was personally aware
”. Excluding, however, "
facts, information or documents, whatever their form or medium, covered by national defense secrecy,
medical secrecy or the secrecy of relations between a lawyer and his client ”.
How are they protected in France?
Until 2016, and the adoption of this law on transparency, the fight against corruption and the modernization of economic life, whistleblowers benefited from several protections disseminated in several codes. Thus, concerning civil servants, article 40 of criminal procedure provides that any public official "
who, in the performance of his duties, acquires knowledge of a crime or an offense is required to give notice thereof without delay. to the public prosecutor
”. Employees in the public or private sector can also denounce any “
corrupt act
” without risking losing their job, according to the Labor Code. Regarding the environment,the Public Health Code also provides for the protection of all those who prevent a "
serious risk to public health or the environment
”.
The only condition is to warn your employer beforehand.
The Sapin II law creates legal protection applicable to all trades.
In addition, it inaugurates a French anti-corruption agency with the mission of "
helping the competent authorities and the people who are confronted with it to prevent and detect the facts of corruption, influence peddling, embezzlement, illegal taking of money. interest, embezzlement of public funds and favoritism
”.
Read alsoThe anti-corruption bill "Sapin II" adopted
In December 2019, a European directive, which must be transposed into French law, completes the system. From now on, third parties who have helped the whistleblower can be protected. This “
facilitator
” is referred to as “
a natural person who helps the informant to make a report in a professional context and whose assistance should be confidential
”. A good thing, according to Francis Chateauraynaud: "
Whistleblowers are not alone, they necessarily need relays or support which must be taken into account in the process
".
Two other divergences should be noted with respect to French law.
Currently, the whistleblower must warn the employer of his desire to inform the general public, he can now "
address himself directly to the authority in charge of processing alerts
";
legal persons, such as associations or non-governmental organizations will be able to obtain the status of whistleblower.
What place in society?
For Francis Chateauraynaud, one of the pitfalls of the whistleblower is “
not being understood or having trouble delivering the message.
Sometimes the public does not know the subject or just has a hunch, as with tax optimization
”.
The other is to “
stay locked in this role for a long time.
Some told me that they were thinking about their business at night,
”he adds.
To read also According to the whistleblower of Cambridge Analytica, "the opinions and decisions of Mark Zuckerberg weigh more than those of elected officials"
“
Several figures are to be distinguished among whistleblowers. That of the breaker of silence on consensual subjects such as public health, the environment or childhood. That, more ambiguous, of the whistleblower where economic interests are present. In this case, there may be a conflict of interpretation, and the whistleblower will have to organize his fight. Finally, that of the whistleblower who is not listened to. Journalists, scientists or lawyers do not follow it for lack of credibility, or incomprehension of the issues,
”decrypts the researcher.
As for the professional reintegration of whistleblowers, it depends on the scope of the message.
“
If the alert is discreet or confined to a professional environment, you change town.
Many people are remaking their lives abroad in another setting.
Finally, in the event of violence or an attack on dignity, protection must not be solely legal
”.