What profile should the head of the Internal Information System have in private sector organizations?

(Articles 8 and 9)

In order for the System to be effective and have credibility, it is necessary that all communication can be treated effectively within the organization itself.

The head of the Internal Reporting System is also responsible for the diligent processing of the alert (article 9.1). That is why it is essential that, due to his managerial/executive position, this person can carry out its functions independently and autonomously, without being subject to any kind of instruction and having all the personal and material means necessary to carry them out. Regarding the training to carry out these functions, it is highly recommended that this person have received specific training on the subject and, in general, on applied ethics, on managing conflicts of interest, as well as having empathic skills.

It will be the governing body that will designate a system manager who must be a natural person. In the event that a collegiate body is chosen, one of the members must delegate the management powers of the Internal Information System and the processing of investigation files.

In private sector entities, the head of the System will be a manager of the entity, who will exercise the position independently of the administrative or government body. In the event that, due to size or structure, this is not possible, the Law allows the ordinary performance of the duties of the position with those of the head of the System, taking care to avoid conflicts of interest.

In the entities or bodies in which there is already a person responsible for regulatory compliance or integrity policies, whatever the denomination, this person may be designated as responsible for the System as long as he meets the requirements established in the Law.

On the other hand, article 32, regarding the processing of personal data, expressly refers to the person in charge of the System and to those who manage it directly.