Valencia, June 5, 2023.- Last February, Law 2/2023 regulating the protection of people who report on regulatory infractions and the fight against corruption was approved. This law is the result of the transposition into Spanish law of Directive 2019/1937 on the protection of whistleblowers of corruption, better known as the Whistleblower Directive.
This new Law includes among its novelties the need for each entity to create an Internal Information System (SII), which is the name given to the mailboxes or complaint channels, through which complaints are made and the receipt of information that may constitute breaches of the legal system.
The Agency advises and assists in the implementation of these internal information systems to those administrations that request it, which can be articulated through the signing of a collaboration protocol between the Agency and the entity. The Agency also provides free of charge the technology necessary for the development of these reporting channels or mailboxes.
So far, more than 70 agreements and protocols have been signed, among others, from large administrations such as the Provincial Council of Castellón or the City Council of Valencia, to others of small size such as the City Council of La Yesa with just 120 inhabitants.
The Law includes the obligation on the part of the entity or the administration to appoint a natural person or a collegiate body as responsible for the management of the Internal Information System as well as the procedure to be followed. Both the appointment and the dismissal of these responsible must be notified within ten working days to the competent authority or body, which in the case of the Valencian Community, is the Valencian Anti-Fraud Agency.
To this end, the Agency has created the Register of Managers of Internal Information Systems (RRSII) in which both the appointments and dismissals of these managers will be centralized, keeping an updated management of the data.
The deadline for the creation of Internal Information Systems in the case of public administrations ends on June 13 except for those municipalities with less than 10,000 inhabitants whose term is extended until December 1.
The process of communication to the Agency of the Head of the Internal Information System can be done electronically at any time, since the procedure is open throughout the year.
Title IX of Law 2/2023 states that the lack of having an information system of an inmate is a very serious infraction, while the lack of notification of the designation of the person or collegiate body responsible for the system is a minor infraction, which carry sanctions included in article 65 of the Law.