Internal Information System

Law 2/2023, of February 20, regulates the protection of people who report on normative infractions and the fight against corruptionestablishes the obligation for entities that are part of the public sector to have an Internal Information Channel of the public entity, which is configured as the preferred channel to channel communications on irregular practices, because it is preferable that the information be known as soon as possible by the organization itself so that it can correct or repair the damages as soon as possible.

Electronic communication

If you wish to inform the Ministry for Digital Transformation and the Public Service of information on facts that may constitute an infringement that affects it and that you have obtained as a result of an employment or professional relationship with it, you can communicate it through this channel, accessing through the link to the complaint form.

Postal communication

You can make a communication by postal mail, sending in a closed envelope the information together with the documentation of the facts available to you to the following address:

Head of the Internal Information System

Office of the Assistant Director-General for Human Resources and Services Inspection

Ministry for Digital and Civil Service Transformation

C/ Poet Joan Maragall, 41 - 28020 Madrid. Spain.

Analysis of the information received

The Ministry for Digital Transformation and the Civil Service will analyze the information received in order to determine the treatment that should be given to it, performing the verifications and actions that it deems necessary.

No action will be taken on the information received:

1.º When the facts reported lack any likelihood, the information transmitted is scarce, its description excessively generic and inconcrete, or there is a lack of evidence that does not allow a reasonable verification of the same and a minimum determination of the treatment to be given to said facts.

2.º When the facts reported do not constitute a violation of the legal system included in the material scope of application of Law 2/2023, of February 20, regulating the persons who report on normative infractions and the fight against corruption, described in this channel.

3.º When the information is manifestly unfounded or there are, in the opinion of the manager, rational indications of having been obtained through the commission of a crime. In this case, in addition to the inadmissibility, the information will be sent immediately to the Public Prosecutor’s Office.

4.º When the information does not contain new and significant data on infringements compared to a previous information in respect of which the corresponding procedures have been concluded, unless there are new circumstances of fact or law that justify a different follow-up.

5.º When the processing of information is not within the competence of the Ministry for Digital Transformation and the Public Service.

Guarantee of confidentiality:

Unless the person who communicates the information expressly requests otherwise, total confidentiality with respect to their identity will be kept, so that it will not be disclosed to any person.

To this end, in all communications, verification actions or requests for documentation that are carried out to third parties, the data relating to the identity of the person who has submitted the information, as well as any other data that could lead totally or partially to their identification, will be omitted, and the same will be done with those referring to the data corresponding to any third party mentioned in the information provided.

Likewise, when the proceedings have to be transferred to other bodies in order for them to process the corresponding procedures, the provisions of the preceding paragraph shall apply to the documentation sent to those other bodies, except in the case of the judicial authority, the Department of Public Prosecutions or the competent administrative authority in the context of a criminal, disciplinary or punitive investigation. In these cases, prior to disclosing his identity, a written statement explaining the reasons for the disclosure will be sent to the informant, unless such information could compromise the investigation or judicial procedure.

The processing of personal data resulting from the application of Law 2/2023 will be governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, and in Organic Law 7/2021, of 26 May, on the protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offences and the execution of criminal sanctions.

Protection of informants

Law 2/2023 establishes a set of measures aimed at protecting people who communicate information about certain infractions obtained in a work or professional context.

The purpose of these measures is to ensure that those who report facts that may affect the public interest can do so safely and without fear of retaliation.

In general, the protection measures provided for in Law 2/2023 may be accessed by those who:

• You have obtained the information in a work or professional context.

• Have reasonable grounds to believe that the information communicated is true at the time of communication.

• Report facts that fall within the scope of the Law.

• Use any of the channels or communication mechanisms provided by law.

The protection may also be extended to those who have initially made an anonymous communication and are subsequently identified, as well as to those who communicate information to institutions, bodies or agencies of the European Union in the cases provided by law.

No condition of interested party of the informant:

It must be taken into account that the informant, by the fact of informing of the existence of a possible criminal or administrative offence, does not have the status of interested party, but of collaborator with the Administration so that the investigations carried out are always initiated ex officio.

The informant has no legitimacy for the filing of appeals or claims in relation to the results of such actions.