Whistleblowing

Personal data are processed by the Head of the Prevention of Corruption and Transparency (RPCT) in the performance of his public interest duties or in any case connected with the exercise of his public powers, with particular reference to the task of ascertaining any unlawful conduct reported in the interest of the Agency's integrity, pursuant to Article 54-bis of Legislative Decree no. 165/2001, by persons who, by reason of their employment with the Agency, become aware of unlawful conduct, in particular:

• the Director General;
• the Administrative Director;
• the Area Directors and Managers;
• tenured employees and trainees;
• the members of the Internal Control Service;
• office staff or consultants;
• employees of other administrations on secondment or outplacement at the Entity;
• workers and collaborators of companies supplying goods or services to the Entity 

In the event of transfer or secondment (or similar situations) of the employee to another administration, the employee may also report facts occurring in an administration other than the one in which he/she is employed at the time of the report: in this case, the report must be submitted to the administration to which the facts refer, or to ANAC.

The data provided by the reporting person in order to represent the alleged unlawful conduct of which he/she has become aware by reason of his/her service relationship with the Agency committed by the persons who interact with him/her in various ways, are processed for the purpose of carrying out the necessary preliminary activities aimed at verifying the merits of the reported fact and the adoption of the consequent measures indicated in paragraph 5 of the instructions. The management and the preliminary verification of the validity of the circumstances represented in the report are entrusted to the RPCT, which does so in compliance with the principles of impartiality and confidentiality, carrying out any activity deemed appropriate, including the personal hearing of the reporter and of any other persons who may report on the facts reported. If, at the outcome of the verification, elements are found to be not manifestly unfounded, the person in charge will forward the outcome of the investigation for further investigation or for the adoption of measures within his/her competence.
 
If the Data Protection Officer needs to make use of the Entity’s staff for the purpose of managing the reporting practices, such staff for such activity is specifically authorised to process personal data (Articles 4(10), 29, 32(4) of the Regulation and Article 2-quadeterdecies of the Privacy Code) and, consequently, such staff must comply with the instructions given, as well as with the more specific instructions, related to the particular processing operations, that may be provided from time to time by the Data Protection Officer. This is without prejudice, in any case, to the fulfilment by the RPCT and/or the persons who, for reasons of service, must know the identity of the whistleblower, of the legal obligations to which the whistleblower's right to anonymity cannot be invoked. In such a way as to ensure in any case the confidentiality of the identity of the person making the report, the RPCT shall account for the number of reports received and their progress in the annual report referred to in Article 1(14) of Law no. 190/2012.
The data collected will be kept in a form that allows the identification of the persons concerned for a period of time not exceeding the achievement of the purposes for which they are processed.

The recipients of the data collected as a result of the report are, if applicable:

• the Judicial Authority, the Court of Auditors and the ANAC;
• Whistleblowing Solutions Impresa Sociale S.r.l. as provider of the service for the provision and operational management of the digital whistleblowing technological platform as Data Processor pursuant to Article 28 of EU Regulation 2016/679. Whistleblowing Solutions is the technology partner selected by Transparency International and the Hermes Association, promoters of the PA Whistleblowing project.

The personal data collected are also processed by the staff of the Agency, who act on the basis of specific instructions provided regarding the purposes and methods of processing.

Data subjects have the right to obtain from the Agency, in the cases provided for, access to their personal data and the rectification or deletion thereof or the restriction of processing concerning them or to object to processing (Art. 15 et seq. of the Regulation). The appropriate application to the Personal Data Protection Officer (DPO) is made by contacting him/her at the Agency (AReSS Puglia - Data Protection Officer, L.mare N. Sauro, 33, 70121, Bari or by writing to the following email address:  dpo.aress@pec.rupar.puglia.it).

Data subjects who consider that the processing of personal data relating to them carried out through this website is in breach of the provisions of the Regulation have the right to lodge a complaint, as provided for by Article 77 of the Regulation itself, or to take legal action (Article 79 of the Regulation).