Sobre el concepto y los derechos de la persona "afectada" por comunicaciones sobre infracciones en la Ley 2/2023, reguladora de la protección de la persona informante

Abstract

A subject of great relevance in the Law 2/2023, both due to the obligations imposed on as well as to the rights granted to is that of the so-called affected person namely the actual physical or legal party referred to as the one failing to communicate within as an insider of a public body, either as an outsider to the authority in charge of protection of the informant or to a public finding. The law, in various articles, but mostly in art. 39, contemplates the protection measures which this person will have during the file procedure in such channels, admitting the rights to the presumption of innocence, to the defense, and to access to such file, considering also that that person will enjoy the same protection established for the whistleblower. The objective of this study is to legally define the case of an affected person, as well as to systematize and analyse generally speaking the rights that the law grants, particularly in the procedures provided by law through both internal or external channels to the proceedings of communication of violations allegedly committed by that affected person.