Internal reporting to the Ministry of Health and Social Security
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The Ministry of Health and Social Security (hereinafter referred to as 'the ministry'), in collaboration with the Government IT Centre, has launched an online assistant on MyGuichet.lu which allows whistleblowers to submit internal reports, without authentication, regarding breaches of the law that may have occurred within:
- the ministry itself; and/or
- one of the departments under its responsibility.
The MyGuichet.lu procedure made available to you, allows you, as a whistleblower, to report these breaches via a secure internal reporting channel to the 'reporting officer' department duly authorised by the ministry to analyse and process such reports.
Please note that safeguards have been put in place to protect you against any form of retaliation in accordance with the legal framework established at European Union level.
Who is concerned
Through this internal reporting channel, only the following persons can submit a whistleblower report to the ministry's 'reporting officer' department in their capacity:
- those who have obtained information about breaches in a professional context in the course of their current, past or future employment relationship with the ministry and/or one of the departments under its supervision, namely, for the health sector, the Health Directorate (DISA) and the National Health Observatory (ObSan), and for the social security sector, the State Office for Assessment and Monitoring of the long-term care insurance (AEC), the Social Security Medical Board (CMSS) and the General Inspectorate of Social Security (IGSS), in their capacity as:
- salaried workers (including civil servants and State employees);
- self-employed workers.
- volunteers and paid or unpaid trainees; and
- persons working under the supervision and direction of contractors, subcontractors and suppliers.
- facilitators (natural persons assisting whistleblowers on a confidential basis);
- third parties who have a relationship with whistleblowers and who are at risk of retaliation, such as the whistleblower's colleagues or relatives;
- legal entities owned or controlled by the whistleblower, for which the whistleblower works or with which he or she has professional ties;
- persons who have reported or disclosed information on breaches anonymously, but who are subsequently identified and suffer retaliation;
- persons reporting breaches to relevant institutions, bodies, offices or agencies of the European Union.
For all other persons, external reporting channels are available through the following 22 competent authorities:
- the Financial Sector Supervisory Commission (Commission de surveillance du secteur financier - CSSF):
- the Supervisory Authority for the Insurance Sector (Commissariat aux assurances - CAA).
- the Competition Authority (Autorité de la concurrence)
- the Registration Duties, Estates and VAT Authority (Administration de l’enregistrement, des domaines et de la TVA – AED)
- the Inspectorate of Labour and Mines (Inspection du travail et des mines – ITM)
- the National Commission for Data Protection (Commission nationale pour la protection des données – CNPD)
- the Centre for Equal Treatment (Centre pour l’égalité de traitement – CET)
- the Ombudsman, as part of their mission to carry out external monitoring of places where persons deprived of their liberty are held
- the Ombudsman fir Kanner a Jugendlecher
- the Luxembourg Regulatory Institute (Institut luxembourgeois de régulation – ILR)
- the Independent Luxembourg Broadcasting Authority (Autorité luxembourgeoise indépendante de l’audiovisuel – ALIA)
- the Bar associations of Luxembourg and Diekirch
- the Chamber of Notaries (Chambre des notaires)
- the Medical Board (Collège médical)
- the Nature and Forest Agency (Administration de la nature et des forêts - ANF)
- the Water Management Agency (Administration de la gestion de l’eau - AGE)
- the Air Navigation Administration (Administration de la navigation aérienne – ANA)
- the National Service of the Mediator of consumption (Service national du Médiateur de la consommation)
- the Order of Architects and Consulting Engineers (Ordre des architectes et des ingénieurs-conseils – OAI)
- the Order of Chartered Accountants (Ordre des experts-comptables - OEC)
- the Luxembourg Institute of Registered Auditors (Institut des réviseurs d'entreprises - IRE)
- the Luxembourg Inland Revenue (Administration des contributions directes - ACD)
Please note: legal entities in the private and public sectors are required to set up internal reporting channels and procedures and follow-up measures.
How to proceed
What 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
- go against 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 following are not concerned:
- reporting of breaches relating to national security; and
- reports originating from whistleblowers whose relationships are covered by:
- medical confidentiality;
- the confidentiality of lawyer-client relations;
- the professional confidentiality binding on notaries and court bailiffs;
- 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 undertaking or administration;
- or externally: through the reporting channels of the competent authority;
- or by way of public disclosure: following external reporting that yielded no satisfactory result.
Submission of an internal report to the ministry
You can report breaches to the ministry in Luxembourgish, French, German or English:
- via the 'Whistleblower' procedure without authentication on the secure MyGuichet.lu platform;
- by post to the ministry's postal address:
Ministère de la Santé et de la Sécurité sociale
1, rue Charles Darwin
L-1433 Luxembourg
Any report submitted by post must state that the letter is exclusively for the attention of the 'reporting officer' department of the Ministry of Health and Social Security in order to guarantee the anonymity of the sender who may have disclosed their identity in the body of the report.
The secure MyGuichet.lu platform is to be preferred insofar 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.
The ministry's reporting channel guarantees the completeness, integrity and confidentiality of the information transmitted. Only certain authorised agents from the ministry's 'Reporting officer' department have access to the information submitted in this way. These agents 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.
As a public authority processing personal data, the ministry 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 ministry, please consult this page (French, Pdf, 121 Kb).
Online services and forms
Who to contact
-
Ministry of Health and Social Security Department 'Reporting officer'
- Address:
- 1, rue Charles Darwin L-1433 Luxembourg Luxembourg
- Website:
- https://m3s.gouvernement.lu/en.html
Related procedures and links
Links
Further information
Legal references
-
Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019
on the protection of persons who report breaches of Union law
-
Loi du 16 mai 2023
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.
