Bill 566.

Summary.

The bill defines the competent authority, reporting channels, complainants, witnesses, administrative misconduct, protected persons, protective measures, and retaliation. Its objectives include facilitating reports, addressing personal, employment, and economic risks, informing people about available channels, and coordinating public institutions. It adopts general standards of conduct and the specific principles of the Code of Ethics for Public Servants (Código de Ética del Servidor Público) established by Executive Decree 246 of December 15, 2004 (Decreto Ejecutivo 246 del 15 de diciembre de 2004), as amended.

Protection would cover public servants and private individuals who report administrative misconduct affecting State assets. It could also extend to a spouse or partner in a consensual union and relatives within the fourth degree of consanguinity or second degree of affinity. On joining an institution, public servants would receive information about their duty to report, available mechanisms, and protective measures. The bill requires compliance by entities that receive reports or complaints and conduct administrative proceedings within their powers.

The listed authorities include the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información), Office of the Comptroller General of the Republic (Contraloría General de la República), Office of the Attorney General for the Administration (Procuraduría de la Administración), Office of the Prosecutor General for Accounts (Fiscalía General de Cuentas), Court of Accounts (Tribunal de Cuentas), Administrative Tribunal for Public Procurement (Tribunal Administrativo de Contrataciones Públicas), Tax Administrative Tribunal (Tribunal Administrativo Tributario), Directorate General of Public Procurement (Dirección General de Contrataciones Públicas), Directorate General of Revenue (Dirección General de Ingresos), and Directorate General of the Penitentiary System (Dirección General de Sistema Penitenciario). The list also includes the Land Transit and Transportation Authority (Autoridad de Tránsito y Transporte Terrestre), Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia), National Public Services Authority (Autoridad Nacional de los Servicios Públicos), National Customs Authority (Autoridad Nacional de Aduanas), Panama Canal Authority (Autoridad del Canal de Panamá), Superintendency of Banks (Superintendencia de Bancos), Securities Market Superintendency (Superintendencia del Mercado de Valores), Ministry of Environment (Ministerio de Ambiente), Ministry of Health (Ministerio de Salud), and Ministry of Government (Ministerio de Gobierno), along with other institutions designated by law. These authorities would provide a dedicated institutional email account, physical and electronic forms, and confidentiality protocols. They could impose, change, extend, or terminate protective measures and review them periodically.

Anyone who reports, provides information, or testifies would have the right to request protection. Personal measures include concealing identity and identifying details, legal guidance, health care, an emergency line, safeguards for notices and questioning, and restrictions on recording images. Employment measures include protection against dismissal, suspension, transfer, or deterioration of working conditions, as well as harassment. An authority could order arbitrary or unlawful conduct to cease or arrange a transfer with equivalent duties, responsibilities, and pay. Employment protection would permit disciplinary proceedings and termination on legally justified grounds. A participant who disclosed their involvement could receive a reduced administrative sanction based on their cooperation under Article 140 of Law 38 of July 31, 2000 (Ley 38 de 31 de julio de 2000); concealing that involvement would forfeit the benefit.

Additional measures include telephones, stronger home security, police protection, relocation, alarms, and changes of telephone number or place of public service. After an assessment, certain personal measures could extend to relatives at the complainant’s or witness’s request. Existing commercial relationships between a protected person and the State would be preserved. A public servant’s malicious false report would result in dismissal, without prejudice to criminal liability; if a private individual made such a report, the Public Prosecutor’s Office (Ministerio Público) would be informed.

Protection could be requested orally, in writing, electronically, or by telephone without formal requirements. The authority would assess within the following three days whether grounds for measures exist and revoke them for inaccurate information, falsehood, or concealment of participation. Disclosing a protected identity, breaching measures, or failing to assist would result in dismissal, without prejudice to criminal liability. The bill excludes information obtained in violation of fundamental rights or laws and matters already protected in criminal proceedings. Authorities would publicize the law; the Executive Branch (Órgano Ejecutivo) would regulate it within a maximum of six months after it takes effect, which the bill sets at six (6) months after promulgation. Its provisions could concern the listed public institutions, their staff, complainants, witnesses, State suppliers, and the public procurement, banking, securities, transportation, and public services sectors.