What is a public disclosure bar?
A public disclosure bar refers to a law that prevents whistleblowers from receiving compensation if they make a public disclosure of information relating to a claim. Generally speaking, a public disclosure bar stops individuals from filing a claim if the violation or harm they are trying to report has already been publicly disclosed or if the claim is based on pre-existing publicly available information. In Washington, state law (RCW 42.40.270) specifically states that a whistleblower cannot receive an award if the “alleged violation of law is public information,” or if “the activity has been publicly disclosed by governmental or other sources,” unless the whistleblower is one of the original sources of the information. This public disclosure bar helps to prevent people from taking advantage of an existing violation and trying to claim an award for themselves without being a part of the original investigation or alerting the proper authorities.
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