AIPI’s external channel information management procedure

The external channel procedure is structured in several successive phases, aimed at ensuring a rigorous analysis of the information and the protection of the people involved:

1. Registration and acknowledgement of receipt

Once the communication is received, it is registered in the system and assigned a unique identifier code, which allows its tracking.

Within a maximum period of 5 business days An acknowledgement of receipt is sent (unless it is anonymous without a response channel or there is a risk for confidentiality).

2. Initial analysis and admission

One is done preliminary assessment To check:

• If the facts are within the scope of Law 2/2023.
• If the AIPI is competent.
• If the information shows sufficient evidence of plausibility.

Within a maximum period of 10 working days, it is decided:

• Admit the communication.
• To deny it.
• Send it to another competent authority or to the Public Prosecutor’s Office.

3. Research (instructional phase)

If the communication is supported, one starts enquiry to verify the facts.

This phase may include:

• Request for information and documentation.
• Verification actions.
• Hearing of the affected person (respecting the confidentiality of the informant).

Throughout the process, the protection of the informant’s identity and the rights of defense are guaranteed.

4. Final analysis and decision

Once the actions are completed, a report is prepared with the conclusions and a decision is adopted, which may consist of:

• Archive of the file.
• Referral to Public Prosecutor’s Office or other authority.
• Transfer to assess the opening of a sanctioning procedure.

The informant person will be informed of the result in the terms legally provided, provided that confidentiality or actions are not compromised.

The maximum time limit for processing and response is 3 months from the reception of the communication. This period includes all the stages of the procedure, from the initial analysis to the communication of the result.

The AIPI may prioritize those communications that present greater gravity, risk of reprisals or impact on the public interest.

• Archiving of the communication, when sufficient evidence is not seen.
• Referral to the Public Prosecutor’s Office or the European Public Prosecutor’s Office, if the facts could constitute a crime.
• Transfer to another competent authority, where appropriate by reason of the matter or territory.
• Transfer to assess the opening of a sanctioning procedure, in accordance with Law 2/2023.

• Confidentiality of all information received.
• Protection of the identity of the reporting person, including anonymity if desired.
• Protection against retaliation.
• Respect for the rights of defense and presumption of innocence of the affected person.
• Compliance with personal data protection regulations.
• Independent, objective and impartial performance of the AIPI.

• This procedure does not constitute a sanctioning procedure in itself.
• The decisions taken are not subject to appeal.
• The submission of a communication does not automatically imply the opening of an investigation.
• The actions can be reopened if new relevant elements are provided.