On 7 November 2024, the National Anti-Corruption Authority (A.N.AC.) published the long-awaited new Whistleblowing Guidelines, aimed at ensuring the uniform application of whistleblowing procedures across both the public and private sectors in Italy. These guidelines complete and complement the previous Resolution No. 311 from 12 July 2023, which focused on external reporting channels. The new framework provides guidance on how internal reporting channels should be managed and outlines a consistent structure for handling reports within organisations, particularly for entities bound by public sector regulations.
The guidelines, developed with input from stakeholders and drawing on A.N.AC.’s monitoring of whistleblowing legislation implementation in 2023, cover several key areas, including the methods of reporting, the role of managers overseeing reports, training requirements for staff, and the duties of conduct for personnel. They also discuss the importance of third-sector organisations in supporting whistleblowing processes, particularly in the management of personal data related to whistleblower reports.
In a move to promote transparency, A.N.AC. also offered stakeholders the opportunity to provide feedback on the guidelines through a consultation process that ended on 9 December 2024. The feedback submitted during this phase will be published and made available to the public to further enhance the whistleblowing system.
Transparency International Italy’s Feedback
Transparency International Italy has reviewed the draft guidelines and provided comments on several key areas. While the organisation acknowledges the efforts made by A.N.AC. in drafting the guidelines, it raised concerns about certain aspects that require further clarification and refinement. Among the issues highlighted by Transparency International Italy were the methods for submitting reports, the management of internal reporting channels, and the implications of failing to properly establish or adapt such channels.
The organisation stressed the importance of ensuring confidentiality and protection for whistleblowers throughout the process, particularly with regard to third-sector entities that may be involved in processing personal data. Transparency International Italy also called for clearer distinctions between the roles of third-sector entities and facilitators in the whistleblowing process, as well as better-defined supervisory powers for A.N.AC. to effectively enforce the guidelines.
In summary, Transparency International Italy’s feedback aims to strengthen the guidelines to better protect whistleblowers and ensure that organisations comply fully with the legislative requirements. The organisation’s recommendations focus on enhancing clarity, improving data protection, and ensuring effective enforcement mechanisms.
For more information on Transparency International Italy’s comments on the guidelines, visit their website: A comment on the whistleblowing guidelines – Transparency International