Spain launches the Informant Authority: a shield against reprisals and a key step in the fight against corruption
Since September 1, the Independent Authority for the Protection of Informants (AAI) has officially begun operating, a new body created by the Government with the aim of providing guarantees to those who report irregularities in the public or private sector. The launch of this institution stems from Law 2/2023, approved in February 2022, which transposes the 2019 European directive on the protection of whistleblowers.
The creation of the AAI is part of the Action Plan for Democracy, the government’s roadmap that includes 31 measures aimed at improving democratic quality, transparency, and access to information. One of the European Union’s main concerns in recent years has been ensuring that citizens, workers, or professionals who detect irregular conduct can report it without fear of reprisals.
Spain delayed the transposition of this regulation. The 2019 directive set December 2021 as the deadline, although with an extension until 2023. The delay led the European Commission to file a lawsuit against Spain before the Court of Justice of the European Union in February 2023. However, that same month, the national regulation was approved, entered into force in March 2023, and laid the groundwork for the creation of the AAI.
The main mission of the new authority is to protect people who report irregularities in the General State Administration, public sector entities, and constitutional institutions. It may also intervene in complaints related to private companies, provided the case has an impact in more than one autonomous community.
The AAI will handle reports received through multiple channels: postal mail, electronic means, phone calls, voice messaging, and even face-to-face meetings at its headquarters. This flexibility is intended to ensure that any citizen can access the institution in the way that best suits their circumstances. It will also be responsible for adopting all protection and support measures for the informant.
In addition, the AAI will have the power to initiate, instruct, and resolve sanctioning procedures, imposing penalties of up to €300,000 in the case of individuals and up to €1,000,000 for legal entities, depending on the offense committed.
Among its functions, it will carry out awareness and dissemination activities, developing circulars and recommendations that will establish concrete criteria and practices for the proper functioning of the institution.
To improve its operations, it will establish cooperation and joint action proposals with other authorities from autonomous communities, the European Union, or international bodies. Likewise, the authority will facilitate the exchange of information and the creation of working groups to address specific issues of common interest.
The AAI will ensure the creation and strengthening of a culture of information as a key tool for preventing and detecting threats to the public interest.
In this first phase, the AAI will have the direct support of the Ministry of the Presidency, Justice, and Relations with Parliament. From September 1 until November 1, extendable if necessary, the ministry will provide human resources, logistical support, and infrastructure for its operations.
The design of this authority is intended to build trust among citizens. For years, internal reporting has been one of the great gaps in the fight against corruption: many people who considered taking the step gave up for fear of reprisals or job loss.
This new legal framework opens the door for cases of fraud, corruption, regulatory abuses, or irregular practices in companies and organizations to come to light more quickly and effectively. The AAI will also act as guarantor that all complaints received are processed with full confidentiality, preventing leaks that could compromise whistleblowers.
With this measure, Spain not only complies with a European requirement but also strengthens its commitment to democracy and accountability. The AAI thus emerges as a key instrument to foster a culture of transparency and responsibility, where citizens can report irregularities without fear and with the certainty that they will be protected by law.
