Module Learning Objective

explain the difference between not knowing an identity and protecting a known identity

1. Regulatory Concept & Core Standards

In this video we will work through a concrete decision: explain the difference between not knowing an identity and protecting a known identity. The aim is to explain the criterion used and apply it to a workplace situation. We will start with the concept, move to the procedure and finish with a case to solve. Protection applies throughout handling. It concerns direct and indirect identification and harmful conduct connected with reporting. A measure should reduce risk without creating new harm under a protective label.

Article 6 ZZPri also protects information enabling indirect identification. Disclosure has statutory conditions and exceptions. Removing a name from a document is therefore insufficient by itself.

Apply the following rule: ZZPri provides for handling anonymous reports; acknowledgements and feedback depend on a specified reply route. A subsequently identified anonymous reporting person can receive protection under statutory conditions. Article 6 confidentiality also covers indirect identifiers. Disclosure without explicit consent has narrow statutory exceptions involving the prosecutor or court and protective conditions. Employers must not seek to establish the reporting person’s identity.

2. Practical Implementation & Procedure

Assess direct identifiers, context and metadata. Use case references in work communications. Where appropriate, separate identifying details from information needed for analysis. Do not promise that identity can never be disclosed. The law provides for situations arising from legal obligations or judicial decisions and rules on informing the reporting person, with statutory exceptions. 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

An anonymous account describes a meeting of two people. A management presentation contains the file author and an exact quotation. Both may identify the person. 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: Does removing a name from the heading remove the risk? 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.

No. Review content and metadata, limit recipients and check whether fewer details serve the purpose.

One mistake to avoid is: presenting anonymity as an absolute impossibility of identification in every circumstance.

Now apply the national rule to a second decision. A form requires a name and identity document while promising anonymity. What should change?

Align functionality and user information. Do not demand unnecessary identifiers. Check attachments and indirect identification. Explain anonymity versus confidentiality and provide secure follow-up. Do not promise absolute non-identifiability.

National Legal Framework: Zakon o zaščiti prijaviteljev (ZZPri), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.