Module Learning Objective

distinguish the purpose of each institutional contact

1. Regulatory Concept & Core Standards

In this video we will work through a concrete decision: distinguish the purpose of each institutional contact. The aim is to explain the criterion used and apply it to a workplace situation. We will start with the concept, move to the procedure and finish with a case to solve. External reporting has its own recipients, stages and duties. RPO helps determine the appropriate route, while competent authorities act within their remit. The course distinguishes an individual report, institutional statistics and public disclosure.

An authority may receive reports within its remit, provide guidance or collect statistics. These functions do not automatically grant access to every organisational case. Publishing an integrity report does not replace an external report of wrongdoing. Start with the purpose and establish the recipient's competence before selecting a form.

Apply the following rule: External reports may be submitted to the Rzecznik Praw Obywatelskich, the Commissioner for Human Rights, or the competent public authority. Prior internal reporting is unnecessary. The Commissioner receives reports, conducts an initial assessment and forwards them where appropriate. The RPO portal explains that anonymous reports are accepted only exceptionally, considering the importance of the case and public interest.

2. Practical Implementation & Procedure

State the intended result: reporting a breach, obtaining advice, requesting protection or meeting a reporting duty. Consult the official page and legal remit. Identify minimum necessary data. Where an authority has several roles, select the matching procedure and keep the source consulted. Do not reuse a form merely because it is familiar. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A private company receives a public authority’s statistical return template for RPO and assumes it is a company-wide annual duty. The team checks whom the provision addresses and corrects the plan. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Does a publicly available form always mean it must be submitted? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

No. Check the addressee and conditions of the underlying duty. A technical form does not extend statutory scope.

One mistake to avoid is: confusing an advisory authority with the investigator of every subject.

Now apply the national rule to a second decision. An advice webpage is listed as the sole destination for every report. What check is missing?

Check the recipient’s role and competence. RPO, competent public authorities, police and advisers do not have identical functions. Find the current dedicated route. An external report does not require prior internal reporting. Public disclosure needs a separate Article 51 assessment.

National Legal Framework: Ustawa z dnia 14 czerwca 2024 r. o sygnalistach, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.