Schutz vor unredlichem Whistleblowing durch Auskunftsansprüche Beschuldigter

The central issue addressed by the thesis is whether a wrongfully accused person can demand information from the employer pursuant to Art. 15 (1) GDPR as to who provided the employer with the relevant information. The right of access of data subjects could be a means for the accused to assert subsequent claims against the dishonest whistleblower. However, the controller faces a challenge insofar as the right to information and the protection of whistleblowers – now standardized by national law – are in conflict. Therefore the thesis intends to achieve a balance between the conflicting interest of the accused in disclosure and the confidentiality interest of the whistleblower.