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The role of the Whistleblower on the U.S got a little easier. Following a recent Supreme Court ruling, making it harder for companies to retaliate against whistblowers that raise complaints.
The Supreme Court decision makes it easier for whistleblowers to come forward and to prevail, resolving a circuit court split on the burden of proof for SoX retaliation cases. It settles broader disputes among courts, clarifying the position of whistleblowers and retaliatory action of employers. Employees only need to show whistleblowing was a contributory factor in an employers decision to fire them, but need not show retaliatory intent.
One has discussed the role of the Whistleblower as it relates to cybersecurity and reporting. Now the SEC has issued its final cyber rule requiring material risk and material incident reporting. A rule that puts the security professional under pressure to demonstrate regulatory compliance on behalf of their employer.
Will security professionals take comfort knowing that by appropriately reporting the security maturity of their organisation, they will not have to demonstrate retaliatory intent should they be dismissed. Will changes make employees feel safer in taking complaints about misconduct directly to regulators, instead of their employer?
Ted Dziekanowski Brian D. McCarthy
Veritas GRC
#cybersecurity #cyberriskmanagement #whistleblower #cyberregulation
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