Oviedo (EFE) last week and published today by the Official Gazette (BOPA).
The regulatory norms of the Internal Information System of the Principality develop the regulatory law for the protection of people who report violations of regulations and the fight against corruption, which came into force on March 13 and which entails the adaptation or transposition to the legislation Spanish of a European directive approved in 2019.
Said regulation contemplates protecting people who report cases of corruption and infractions in their companies or in the administration, with sanctions that can reach one million euros for those who retaliate against these whistleblowers.
confidential reports
The text approved by the Asturian Executive contemplates that the internal channel allows communications in writing or verbally, or in both ways and that the information arrives in writing, through postal mail or through any electronic means enabled for this purpose, or verbally, by phone or through voice messaging system.
In addition, at the request of the reporting person, they may also appear through a face-to-face meeting within a maximum period of seven days and may indicate an address, email or safe place for the purpose of receiving notifications.
For his part, the person in charge of the internal information system, who will be appointed by the Government, must keep due secrecy regarding any information that he becomes aware of through this channel and, except when the informant expressly requests otherwise, confidentiality will be kept. regarding their identity as well as those possibly affected by their complaint.
Specific description of the facts
The information sent must contain a description of the facts “in the most specific and detailed way possible, identifying, whenever possible” those who have participated and who are related to the activity and operation of the Principality; the date on which they occurred and the persons or bodies to which the information had previously been sent.
The complaints will be inadmissible if they lack credibility; if they are not related to the Principality; if they do not provide new information regarding completed procedures or that have been obtained through the commission of a crime, in which case they will be forwarded to the Prosecutor’s Office.
Once the complaint is admitted, the investigative work will include, whenever possible, an interview with the affected person who, with respect to the presumption of innocence, will be invited to present their version and provide the means of proof they deem appropriate and relevant.
In addition, the affected person will have access to the file, although omitting the elements that would allow him to identify the informant and may be heard at any time and have the assistance of a lawyer.
Three months for your inquiry
Once the investigation is concluded, for which a period of three months is set after receiving the information, the file may be archived or forwarded to the competent body of the Principality to prosecute the facts or conduct within the scope of material application of the law and to the Prosecutor’s Office when it is appreciated that the facts or conducts could be indicatively constituting a criminal offence.
The law also makes it mandatory for there to be internal systems for receiving complaints of corruption in companies with more than 50 workers, political parties, unions, business organizations and foundations that depend on them; universities, societies and foundations that make up the public sector, public corporations and all constitutional bodies.
Likewise, it establishes the creation of the Independent Authority for the Protection of Informants, an autonomous channel and complementary to that of each institution, through which any person may present anonymous complaints. EFE