Module Learning Objective

identify barriers to impartiality before assigning a case

1. Regulatory Concept & Core Standards

This video focuses on how to identify barriers to impartiality before assigning a case. Follow the sequence of decisions in the example rather than simply memorising a list. Notice who is involved, what information is needed and the expected result. These points help turn the content into a practice that another person can verify. Triage organises the initial response without replacing investigation. It determines who should assess the case, what information is missing and which measures cannot wait. Intake must remain protected even before a conclusion on the report's legal classification.

A conflict may involve participation in events, personal links, reporting lines or an interest in the outcome. Preventive action need not wait for proof of actual bias. Section 11 requires impartiality and section 21 restricts file access. A senior manager is not automatically a suitable statutory substitute.

Apply the following rule: Written and oral reporting must both be available; a requested personal meeting must be arranged within a reasonable time, at most 14 days from the request. The competent person must meet section 10 requirements and act impartially under section 11; the instruction required by section 9 is recorded. Under section 19, an audio recording requires consent and the reporting person may comment on the record or transcript. Sharing, outsourcing and special AML rules need separate assessment. The Portuguese RGPC is not Czech law.

2. Practical Implementation & Procedure

Before granting access, check the legal role and relevant relationships. Activate properly designated cover and record the organisational reason without excessive detail. Maintain competence, availability and deadlines. Specialist support does not automatically receive the complete protected case. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A report mentions a channel manager's brother. She declares the relationship and takes no part in assessment. The organisation assigns an independent person and verifies that the manager no longer receives notifications or accesses associated documents. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Is it enough for the manager to say she can remain impartial despite the family relationship? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

That statement does not eliminate the conflict. Apply the appropriate recusal and independent allocation procedure. Align the organisational decision with technical access so that exclusion is effective.

One mistake to avoid is: recording a conflict on paper while leaving access to the case unchanged.

Now apply the national rule to a second decision. The team presents every integrity instrument as mandatory in every country. How should the message be revised?

Distinguish what national law actually requires, the conditions for its application to the entity and the proposed good practices. The specific rule just examined must appear in the corresponding procedure. Each duty needs a source; each management choice needs a purpose, an owner and evidence of implementation.

National Legal Framework: Zákon č. 171/2023 Sb. (Whistleblower Act), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.