A. The identity of any employee making a report to a governmental body or law enforcement official under Section 9-103(A)(1) or Section 9-103(A)(4) of this Title, shall remain confidential. The identity of an employee providing information under Section 9-103(A)(2) of this Title, shall remain confidential if:
1. The employee would not have provided the information without an assurance that the employee’s identity would remain private, because of a concern that the employer would commit an action prohibited under Section 9-103 or that the employee would be subject to some other form of retaliation; or
2. The Tribal agency, federal agency, or Osage Nation instrumentality reasonably believes that the employee would not have provided the data because of that concern.
B. If the disclosure is necessary for prosecution, the identity of the employee may be disclosed but the employee shall be informed prior to the disclosure.