EWI warns of AI risks to whistleblowers at EC workshop ahead of Brussels Conference
25 June 2026
On World Whistleblower Day, 23 June 2026, Dr Lauren Kierans appeared on behalf of the European Whistleblowing Institute (EWI) at a workshop on the EU Whistleblower Directive organized by the European Commission. Dr Vigjilenca Abazi, EWI’s Executive Director, was a moderator at the workshop.
During the discussion on ‘Technology and Whistleblowing’, Dr Abazi highlighted the potential challenges for reporting persons of meeting the reasonable grounds test when using AI to make their report in circumstances where it may introduce hallucinations or add additional information to the report.
The crucial yet unexplored intersection of AI and whistleblowing will be the focus of the second European Whistleblowing Conference. Organized by the European Whistleblowing Institute, this year’s conference theme will be “Whistleblowing in the AI Era: National Security, the Rule of Law, and Public Accountability”. The event will take place on 20 October 2026 in Brussels, Belgium.
EWI contributes to the ongoing revision of the Directive
The European Commission is currently evaluating the EU Whistleblower Directive. The evaluation is assessing both the Directive and its implementation across Member States since its adoption in 2019, using the standard evaluation criteria set out in the Better Regulation Guidelines: effectiveness, efficiency, relevance, coherence, and EU added value.
The Commission launched a comprehensive consultation strategy, including a call for evidence, a public consultation, and targeted consultations with key stakeholder groups. EWI has been involved in this strategy, first by presenting feedback and now as a participant in this workshop. As part of the targeted consultation, the Commission organized this workshop with stakeholders involved in the implementation, operation, and use of whistleblowing frameworks, including representatives of civil society organizations, social partners, business organizations, and practitioners.
The workshop aimed to gather evidence from stakeholders on how whistleblowing frameworks operate in practice and on the factors that facilitate or hinder the achievement of the Directive’s objectives. The workshop focused particularly on the effectiveness of protection against retaliation, the availability and accessibility of support measures for reporting persons, and the functioning of internal reporting channels, as well as identifying implementation challenges, effective practices, and emerging issues that may affect the continued effectiveness and relevance of the framework.
Some of the key issues raised by Dr Kierans concerned:
Clarification as to whether the reversal of the burden of proof applies at both the substantive and the interim relief stages of legal proceedings
The scope and application of the ‘duly justified grounds’ test
The scope and application of immunities for any liability in respect of the acquisition of or access to the information, which is reported or publicly disclosed, provided that such acquisition or access did not constitute a self-standing criminal offense and how many Member States have failed to include this in their national legislation
The requirement for full compensation to be adhered to in circumstances where caps on compensation have been introduced by national legislation
The extension of mandatory training for external designated persons to internal designated persons and that the scope and nature of the training should be provided for
The inclusion of criminal sanctions under national law and how personal criminal liability has resulted in difficulties in recruiting designated persons and that reports often proceed to investigation where there is no prima facie evidence of a breach for fear of being found guilty of hindering a reporting person
The necessity to include an obligation on designated persons on receipt of a report to conduct a risk assessment of harm of the reporting person
