Tech Talks - Whistleblowing in the age of AI
Episode 10
November 26, 2025 * Global
In this series, we discuss the latest trends and topics that matter to the technology sector.
This episode features Hannah Wilkins, Deepa Menon, Chloe Themistocleous, and Matthew Chapman on how AI is changing whistleblowing across jurisdictions - from who can "speak up" to how organizations should respond.
What we cover
- Can artificial intelligence be treated as a "whistleblower," and what are the legal implications if it is?
- Core risks when AI systems act on their own: confidentiality breaches, inadvertent waiver of privilege, and uncontrolled data sharing.
- US legislative momentum focused on protections for employees raising AI-related concerns and on agency programs encouraging AI-focused tips.
- Practical hurdles when staff and employers use AI in the reporting and investigation process - and workable strategies to manage those risks.
Why this matters to legal teams
AI can generate or transmit allegations, sift huge datasets, and surface sensitive material without human oversight. That creates clear issues for privilege, data protection, employment obligations, and cross-border discovery.
You also face credibility and authenticity questions: Who is the reporter, how was the information obtained, and what validation is required before escalation?
Practical steps to reduce risk
- Update whistleblowing policies to address AI-generated reports, acceptable tools, and minimum evidence standards.
- Define whether AI outputs qualify as "reports" and set intake rules (identity, provenance, logs, and audit trails).
- Protect privilege: ban inputting legal advice or investigation work product into external AI tools; use approved, logged environments.
- Establish triage criteria for AI-originated tips (credibility checks, duplication, data source legality).
- Set data handling rules: retention limits, redaction protocols, and jurisdiction-aware storage.
- Vendor management: contractual controls on confidentiality, subprocessing, model training rights, and breach notification.
- Cross-border coordination: align with local whistleblowing laws, privacy rules, and works council requirements.
- Training: educate employees and investigators on acceptable use, privilege risks, and reporting channels.
- Governance: align with recognized frameworks for AI risk management and documentation.
US legislative watch
Regulators are signaling interest in AI-related misconduct and protections for those who report it. Agencies already operate mature whistleblower programs that can capture AI-linked tips, and policy activity is expected to grow.
- Monitor enforcement priorities from agencies such as the SEC and FTC.
- Track emerging proposals addressing disclosures about AI safety, bias, consumer protection, and securities-related claims.
Helpful resources:
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Key contacts
- Hannah C. Wilkins - Partner, United Kingdom
- Deepa S. Menon - Partner, Washington, DC, United States
- Chloe Themistocleous - Partner, United Kingdom
- Matt Chapman - Principal Associate, United Kingdom
Disclaimer
The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or the Disclaimer section in the footer.
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