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HomeEvidence CodeDiv. 8Ch. 4Art. 9§ 1041 Whistleblower Identity Protection

§ 1041 Whistleblower Identity Protection

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1041 Whistleblower Identity Protection

Key Takeaways

  • •The government can keep the name of a person who reports a crime or law-breaking a secret if telling it would break a law or hurt the public.
  • •This only works if the person told a cop, a government worker, or someone who passes the info to them, and they did it privately.
  • •The person who reported the crime can choose to tell their own name if they want to.
  • •If the government is part of a court case, they can’t use that as a reason to keep the name secret.

Example

Someone sees their neighbor dumping toxic waste in a river and tells the police, but doesn’t want the neighbor to know it was them.

The police can keep the person’s name a secret because telling it might stop others from reporting crimes in the future. But if the person who reported it decides to tell everyone it was them, that’s okay too.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1041 Whistleblower Identity Protection

(a) Except as provided in this section, a public entity has a privilege to refuse to disclose the identity of a person who has furnished information as provided in subdivision (b) purporting to disclose a violation of a law of the United States or of this state or of a public entity in this state, and to prevent another from disclosing the person’s identity, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply: (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. (2) Disclosure of the identity of the informer is against the public interest because the necessity for preserving the confidentiality of his or her identity outweighs the necessity for disclosure in the interest of justice. The privilege shall not be claimed under this paragraph if a person authorized to do so has consented that the identity of the informer be disclosed in the proceeding. In determining whether disclosure of the identity of the informer is against the public interest, the interest of the public entity as a party in the outcome of the proceeding shall not be considered. (b) The privilege described in this section applies only if the information is furnished in confidence by the informer to any of the following: (1) A law enforcement officer. (2) A representative of an administrative agency charged with the administration or enforcement of the law alleged to be violated. (3) Any person for the purpose of transmittal to a person listed in paragraph (1) or (2). As used in this paragraph, “person” includes a volunteer or employee of a crime stopper organization. (c) The privilege described in this section shall not be construed to prevent the informer from disclosing his or her identity. (d) As used in this section, “crime stopper organization” means a private, nonprofit organization that accepts and expends donations used to reward persons who report to the organization information concerning alleged criminal activity, and forwards the information to the appropriate law enforcement agency. (Amended by Stats. 2013, Ch. 19, Sec. 1. (AB 1250) Effective January 1, 2014.)

Last verified: January 22, 2026

Key Terms

public entityprivilegeinformercrime stopper organization

Related Statutes

  • § 1007 Public Employment Revocation Proceedings
  • § 1000 Patient Communication Privilege Limits
  • § 1001 Physician-Patient Duty Breach
  • § 1002 Patient Intent Property Documents
  • § 1003 Deceased Patient Property Disputes

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1041.
View Official Source