(Reports of unlawful conduct)

Article 54 bis of Legislative Decree No. 165 dated March 30th, 2001 introduced by Anti-Corruption Law No.190/2012 and subsequently amended by law No.179/2017, introduces the “Provisions for the protection of the authors of reports of crimes or irregularities of which they became aware as part of a public or private employment relationship“, so-called whistleblowing.

Paragraph 5 lays down that based on the new ANAC guidelines, whistleblowing procedures must have precise characteristics. In particular, “they provide for use of IT methods and promote use of encryption tools to guarantee the confidentiality of the identity of the whistleblower and for the content of the reports and the related documentation”.

AMT3 Spa believes it is important to equip itself with a secure tool for reporting and therefore has joined the WhistleblowingPA project of Transparency International Italia and the Hermes Center for Transparency and Human and Digital Rights and has adopted the IT platform provided to meet regulatory obligations.

The characteristics of this reporting method are as follows:

  • the report can be made by the employees of AMT3 Spa and by the employees and collaborators of the companies supplying and carrying out its public works;

  • the whistleblower cannot be sanctioned, demoted, fired, transferred or subjected to any other organizational measure having negative effects, either direct or indirect, on working conditions determined by reporting illicit conduct of which he or she became aware as a result of his or her employment relationship;

  • the protection of the whistleblower is not guaranteed if the penal liability of the whistleblower for crimes of slander or defamation is established;

  • the report is made by filling out a questionnaire and can be sent anonymously. If anonymous, it will be handled only if adequately described in details.

  • the report is received by the Head of Corruption Prevention and Transparency (RPCT) and managed by him while maintaining the duty of confidentiality towards the whistleblower;

  • when sending the report, the whistleblower receives a 16-digit numerical code which he must keep in order to access the report again, verify the RPCT’s response and dialogue by responding to requests for clarification or further information;

  • the report can be made from any digital device (PC, tablet, smartphone) both from within the organization and from outside. The protection of anonymity is guaranteed in all circumstances.