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

Analysis of the information received

The Ministry for Digital Transformation and Public Service will analyze the information received in order to determine the treatment to be given to it, carrying out the verifications and actions it deems necessary.

No action will be taken on the information received:

1.º When the facts reported lack any likelihood, the information sent 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. 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 20 February, regulating persons reporting on regulatory violations and the fight against corruption, described in this channel.

3. 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 Department of Public Prosecutions.

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

5. When the processing of information is not the responsibility of the Ministry for Digital Transformation and the Civil Service.

Guarantee of confidentiality:

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

For this purpose, in all communications, verification actions or requests for documentation carried out to third parties, the data relating to the identity of the person who 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 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 referred to those other bodies, except in the case of the judicial authority, the Department of Public Prosecutions or the competent administrative authority in the framework of a criminal, disciplinary or punitive investigation. In these cases, prior to disclosing his identity, the informant will be sent a letter explaining the reasons for the disclosure, unless such information could compromise the investigation or the judicial procedure.

The processing of personal data arising 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 penalties.

No condition of interested party of the informant:

It must be borne in mind 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.

Related Documents

Resolution of 22 May 2024, of the Under-Secretariat for Digital Transformation and Public Servicewhich approves the Internal Information System of the Ministry, in compliance with Law 2/2023 of 20 February, regulating the protection of persons reporting on regulatory infringements and the fight against corruption.