Internal reporting to the Prison Administration
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Whistleblowers who report breaches of legal rules are protected against all forms of retaliation.
A uniform European legal framework has been created to protect whistleblowers in certain fields of action of the European Union (EU).
Luxembourg has 22 competent authorities. You can contact the Office for Whistleblowers to obtain general information on the competent authority for the type of report in question.
The Prison Administration (Administration pénitentiaire - hereinafter 'the Administration') in cooperation with the Government IT Centre (Centre des technologies de l’information de l’État - CTIE), has made available an online assistant on MyGuichet.lu which enables whistleblowers to submit internal reports relating to breaches within the Administration without authentication.
You are encouraged to submit an internal report first before submitting an external report to one of the competent authorities designated by the law of 16 May 2023 (Article 18), unless internal reporting could be detrimental to you (e.g. retaliation by your employer).
Who is concerned
A whistleblower who, in the course of their professional relationship with the Administration, has obtained information about breaches in a professional context (current, past or future working relationship), such as:
- salaried workers (including civil servants and State employees);
- job candidates;
- persons whose work relationship has been terminated;
- persons who are self-employed;
- shareholders and members of an administrative, management or supervisory body of a company, including non-executive members;
- volunteers and paid or unpaid trainees;
- anyone working under the supervision and direction of contractors, subcontractors and suppliers.
The protection also extends to:
- facilitators (natural persons assisting whistleblowers on a confidential basis);
- colleagues or relatives of the whistleblower who could suffer retaliation;
- legal entities that the whistleblower owns, works for or is otherwise connected with in a work-related context;
- persons who have reported or disclosed information about breaches anonymously, where their identity is subsequently revealed and they are subjected to reprisals;
- persons reporting breaches to relevant institutions, bodies, offices or agencies of the European Union.
How to proceed
Which breaches can be reported?
As a whistleblower, you can report any breach of national law and/or European Union law, that is to say, acts or omissions that:
- are unlawful; or
- defeat the object or the purpose of the directly applicable rules of national law or European law.
You can communicate any information, including reasonable suspicions, concerning:
- actual or potential breaches; and/or
- attempts to conceal such breaches;
which have occurred or are very likely to occur:
- in the organisation in which you work or have worked; or
- with which you are or have been in contact through your work.
What types of reports are not concerned?
The protection does not concern:
- reports of breaches relating to national security; and
- whistleblowers whose relationships are covered by:
- medical confidentiality;
- the confidentiality of lawyer-client relations;
- the professional secrecy to which a notary or court bailiff is bound;
- the secrecy of judicial deliberations;
- rules on criminal procedure.
Please note: you may not disclose information which you have acquired or to which you have gained access by committing a criminal offence.
What are the conditions for protection?
In order to qualify for protection against all forms of retaliation, you must:
- have had reasonable grounds to believe that the information on breaches reported was true at the time of reporting and that such information falls within the scope of the law; and
- have made a report:
- either internally: through the reporting channels of your company or administration;
- or externally: through the reporting channels of one of the competent authorities;
- or by way of public disclosure: following external reporting that yielded no satisfactory result.
Submission of an internal report to the Administration
If, as a whistleblower, you wish to report breaches observed in your professional relationship with the Administration, you can contact it in Luxembourgish, French, German or English using the following means:
- via the 'Whistleblower' procedure without authentication on the secure MyGuichet.lu platform; or
It is highly recommended to use the secure MyGuichet.lu platform as this channel provides the best possible guarantee of independence and autonomy for the receipt and processing of reports of breaches received in accordance with the law of 16 May 2023.
- by email to: signalements@ap.etat.lu; or
- by post (not recommended):
Administration pénitentiaire
7a, rue Thomas Edison
L-1445 Luxembourg
If the report is sent by post: it should be sent in a double envelope marked 'confidentiel' and 'à l’attention du délégué aux signalements'.
The reporting channel of the Administration guarantees the completeness, integrity and confidentiality of the information provided. The information transmitted in this way is accessible only to certain authorised staff, who are bound by professional secrecy.
Any processing of personal data carried out under the law of 16 May 2023 is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC or 'GDPR'.
As a public authority that processes personal data, the Administration is bound to respect the obligations incumbent on it in its capacity as a data controller.
For any questions regarding the processing of your personal data by the Administration, please consult this page.
Online services and forms
Who to contact
Prison Administration - Reporting
- Address:
- 7a, rue Thomas Edison L-1445 Luxembourg Luxembourg
Related procedures and links
Links
Further information
sur le site de l’Administration pénitentiaire
Legal references
portant transposition de la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union.
