Whistleblowing

FNB regulates the relevant procedures for the protection of whistleblowers in its internal controlled documentation.
 

Responsible Person of FNB

FNB has designated a responsible person to receive and handle notifications within the meaning of Section 9(1) of the Act. Ms. Mgr. Mária Jurečko, MBA. The contact details are listed below - see section How to make/submit a notification 

FNB's internal notification system

Who can be a notifier?

A whistleblower is any natural person who makes a notification within the limits and in compliance with all the conditions of the Act, through the FNB's VOS, the external notification system maintained by the Ministry of Justice of the Czech Republic or by publication, or directly to a public authority competent under another legal regulation of the Czech Republic or a directly applicable regulation of the European Union (e.g. to a public authority, such as a police authority, public prosecutor, etc.). Such a whistleblower subsequently enjoys protection from retaliation. 

The FNB, within the meaning of Section 9(2)(a) of the Act, does not exclude the acceptance of a notification from a person who does not perform work or other similar activity for it pursuant to Section 2(2)(a) of the Act. 3(a), (b), (h) or (i) of the Act (i.e., dependent work performed in a basic employment relationship, service, volunteer activity, professional practice, internship)." 

What should the notification contain?

• the name, surname and date of birth, or other information from which the identity of the notifier can be inferred (the notification need not contain this information if it is made by a person whose identity is known to the relevant person);
• information about possible unlawful conduct that has occurred, is occurring or is about to occur in relation to a person for whom the notifier, even indirectly, has performed or is performing work or other similar activity, or in relation to a person with whom the notifier has been or is in contact in connection with the performance of work or other similar activity, and which is within the scope of the Act (Art. 1), including identification of the persons against whom the notification is directed;
• any evidence and supporting information on the basis of which the notification is made. 

How can a notification be made/submitted?

In case of written notification, it is advisable to fill in the Notification of Possible Violation in FNB form (downloadable form here), or the notification can also be made in free form, but should always contain the minimum requirements - see section What should the notification contain?  

A notice may be given to the primary competent person in the following ways: 

a) electronically:

• by sending an e-mail message to the e-mail address maria.jurecko@bulovka.cz;

b) in paper form (the notification so submitted ideally in a sealed envelope should be marked visibly and legibly with the words "Notification - to the hands of Mgr. Mária Jurečko - DO NOT OPEN")

• by post to. Mária Jurečko, Head of the Internal Audit Department, Bulovka University Hospital, Budínova 67/2, 180 81 Prague;

c) by telephone: at the following telephone number: +420 724 926 860; 

d) in person: by prior arrangement (if requested by the notifier, the competent person of the FNB is obliged to accept the notification in person within a reasonable period of time, but no later than 14 days from the date of the request) - place for personal submission: the Bulovka University Hospital, Budínova 67/2, 180 81 Prague.

What are the time limits for processing the notification?

• after receipt of the notification, the notifier will be notified by the relevant person of the FNB of the receipt of the notification within a period of no more than 7 days from its submission, or, if applicable, within a period of no more than 5 days from the date of submission. This shall not apply if the notifier has expressly requested the FNB to refrain from notifying him/her of the receipt of the notification or if it is clear that notification of the receipt of the notification would disclose the identity of the notifier to another person; 
• the results of the investigation and assessment of the notification by the competent person of the FNB shall be notified to the notifier within 30 days of the notification (in cases of factual or legal complexity, this period may be extended by up to 30 days, but not more than twice);This does not apply if the notifier has expressly requested that the FNB's competent person not notify him or her of the receipt of the notification or if it is clear that notification of the assessment of the notification would disclose the identity of the notifier to another person;
• the date of receipt of the notification shall be the date on which the notification is delivered to the relevant person at FNB; in the case of e-mail notifications, the date of receipt of the notification shall be the date of dispatch specified in the header of the e-mail addressed to the relevant person at FNB at  maria.jurecko@bulovka.cz; in the case of oral or, where applicable, written notifications, the date of dispatch shall be the date on which the notification is sent to the relevant person at FNB. telephone submissions, the date of receipt of the notification is the date of the notifier's face-to-face meeting with the relevant FNB person. 

How will the notification be handled?

• If the relevant person of the FNB, while assessing the merits of the notification, finds that it is not a notification under the Act, he/she shall inform the notifier thereof in writing without undue delay.
• If the notification is found to be meritorious, the relevant person of the FNB shall propose measures to the Director of the FNB to prevent or rectify the illegal situation. If the notification is lodged with the competent person of the FNB and the notifier does not perform work or other similar activity for the FNB, the competent person of the FNB shall propose corrective measures to the person for whom the notifier performs work or other similar activity, unless the nature of the matter so excludes. If the obliged entity does not accept the measure proposed by the competent person of the FNB, it shall take another appropriate measure to prevent or remedy the infringement; this shall not apply if the measure is proposed to a person other than the FNB. The obliged entity shall immediately inform the competent person of the FNB of the measure taken, who shall inform the whistleblower thereof in writing without undue delay; this shall not apply if the whistleblower has expressly requested the competent person of the FNB not to inform him of the receipt of the notification or if it is clear that the notification of the measure taken would reveal the identity of the whistleblower to another person.
• If the notification is not found to be justified, the competent person of the FNB shall inform the notifier in writing without undue delay that, on the basis of the facts stated in the notification and the circumstances known to him, he does not suspect that an infringement has been committed or that the notification is based on false information, and shall inform the notifier of his right to lodge a notification with a public authority.

How is the protection of personal data ensured?

FNB (or the authorised competent person) processes the personal data of the notifiers and other persons concerned which are included in the notification and which are necessary for the fulfilment of the legal obligations to which the controller (FNB) is subject, within the meaning of Article 6(1)(c) of the GDPR Regulation. All information, including personal data of the notifier and other persons concerned, is/will be processed exclusively separately from other information within secure (encrypted) data files and data storage systems and primarily serve for the entire retention period only for the authorised competent person of the FNB in the framework of the investigation and registration of the notifications received and for taking measures to ensure the protection of the notifier against retaliation (the retention period shall be as long as necessary, at least 5 years from the date of receipt of the notification, after which the personal data shall be anonymised or destroyed, unless otherwise provided by law). 
 

External notification system

The Czech Ministry of Justice's external notification system can be found HERE (click).