The AIPI publishes Recommendation 3/2023, this time focused on the doubts detected on how the internal channels have to be designed and implemented within the scope of the General Administration of the State and its instrumental entities of the public sector. These channels have the purpose that, within the framework of a professional or employment relationship, communications may be presented on infractions and omissions that fall within the scope of application of Law 2/2023, of February 20, regulating the protection of people who report on normative infractions and the fight against corruption.
The AIPI complements with this new recommendation as already indicated in Recommendation 1/2026, for the design and implementation of an Internal Information System (general) and Recommendation 2/2026, focused on the Internal Information System in the local administration (based on a collaboration with the FEMP). Regarding the notification of the RSII to the AIPI, Recommendation 3/2026 is complemented by Guide 1/2026 on the notification of the Head of the Internal Information System.
Thus, the purpose of the Recommendation “is not to reiterate the general principles already established (…) but to deepen the singular aspects [in the field of the AGE]: the plurality of entities obliged with heterogeneous legal statutes, the configuration and institutional armour of the Head of the Internal Information System (RSII), the technical architecture of the channel and the specific procedural guarantees of public employment”.
Specifically, the recommendation addresses:
- The configuration of the RSII in relation to ministerial inspection and control bodies and other public sector entities, where it has been detected that there may be some problems.
- The functional independence status of the RSII in organizations with a hierarchical structure. In this regard, it is recommended that the RSII be a collegiate body of predetermined technical composition and mandate, although it does not rule out, for smaller organizations, a one-person RSII. It also emphasises data protection and conflict-of-interest issues and coordination with external control bodies.
- The design of the Internal Information Channel, both in its technical dimension and in the management of deadlines and in the effective protection of the informant.