Who can report

Any natural person who has had knowledge of infringements in a work or professional context, you can communicate it through the indicated channels.

This includes:

• People who have the status of public employees or employed persons.
• The self-employed.
• Shareholders, participants and persons belonging to the administrative, management or supervisory body of a company, including non-executive members.
• Any person who works for or under the supervision and direction of contractors, subcontractors and suppliers.
• People whose statutory employment relationship has already ended.
• Volunteers, scholarships, or workers in training.
• People who have known the information communicated in the selection process or pre-contractual negotiation, although they have not yet begun to work.

Law 2/2023 recognizes a series of rights and guarantees aimed at facilitating the communication of information and protecting those who report possible infringements.

Confidentiality and identity protection

The reporting person may:

• Submit the communication anonymously.
• Communicate your identity and request that it be treated confidentially.
• Exercise the rights recognized by the personal data protection regulations.

Communication with the AIPI:

The reporting person has the right to:

• Present the communication in writing or verbally.
• Provide a postal address, electronic or any other secure means of receiving communications.
• Refrain from receiving communications about the processing of their file.

Participation in the procedure:

The reporting person may:

• To appear before the AIPI when it considers it appropriate or when it is required to do so.
• Come assisted by a lawyer.
• Request that their appearances be made by videoconference or other secure telematic means.
• Know the state of processing of your communication and the result of the proceedings in the terms provided by the Law.

These guarantees are intended to make it easier for people to report possible infringements with confidence, security and without fear of retaliation.

• The persons to whom the reported conduct is attributed shall have the right to the presumption of innocence, the right of defense and the right of access to the file in the terms regulated in the law, as well as the same protection established for the informants, preserving their identity and guaranteeing the confidentiality of the facts and data of the procedure.
• In no case will the identity of the informant be communicated to the affected subjects nor will access to the communication be given. During the investigation, the communication will be announced with a brief list of facts to the person under investigation.
• In addition, you will be informed of your right to submit written claims and the processing of your personal data. However, this information may be made in the hearing proceedings if it is considered that its contribution previously could facilitate the concealment, destruction or alteration of the evidence.
• The AIPI may not issue conclusions or make nominal references in its reports if the person concerned has not previously had the real possibility to know the facts, and the opportunity to put his opinion on record.
• Without prejudice to the right to make written representations, the instruction shall, whenever possible, include an interview with the person concerned in which, always with absolute respect for the presumption of innocence, he or she shall be invited to present his or her version of the facts and to provide such evidence as he or she deems appropriate and relevant.
• In order to guarantee the right of defense of the affected person, the same will have access to the file without revealing information that could identify the informant person, being able to be heard at any time, and will be warned of the possibility of appearing assisted by a lawyer.