UNDP Jobs - 77871- Expert on Personal Data Protection

Expert on Personal Data Protection

Location :

Home based consultancy with two missions to Georgia, GEORGIA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

19-Apr-18 (Midnight New York, USA)

Post Level :

International Consultant

Duration of Initial Contract :

Languages Required :

English

Expected Duration of Assignment :

Up to 20 working days during May – September 2018

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

Background

The project “EU/UN Human Rights for All” is a joint initiative of four UN agencies – United Nations Development Programme (UNDP), United Nations Children Fund (UNICEF), Office of High Commissionaire on Human Rights (OHCHR) and International Labour Organization (ILO) with UNDP.

This project is funded by the European Union based on the Financing Agreement on “Human Rights for All " signed between Georgia and the European Union in May 2015.

This project responds to the objectives set out therein, and namely seeks to strengthen human-rights protection in areas prioritized by EU-Georgia agreements, including the rights of minorities and vulnerable groups, internal and external oversight of law enforcement, labour rights, protection of privacy, freedom of expression and information. The project will mainly support the implementation and monitoring of the National Human Rights Strategy and Action Plan in selected areas prioritized by the EU-Georgia agreements.

Accordingly, the overall objective of this project is to enhance capacities of government institutions and Parliamentary Committees on Human Rights and Civil Integration and on Legal Issues and improve mechanisms for better protection of human rights in Georgia.

The specific objective is to enhance capacity for more effective government institutions, mechanisms and Parliamentary Committees (on Human Rights and Civil Integration and on Legal Issues) in implementing the National Human Rights Strategy (NHRS) and its Action Plan (AP), in areas prioritised by the EU-Georgia agreements.

This Joint Project (JP) will have the following results/outputs:

Developed capacities of the NHRSAP Inter-Agency Council and its Secretariat in policy making, implementation and monitoring of the NHRS and AP;
Increased public awareness on NHRSAP (including its implementation) and Georgia-European Union (EU) common values as well as promotion of a culture of human rights in Georgia in general;
Strengthened capacities of the Office of the Personal Data Protection Inspector to monitor protection of personal data;
Establishment and effective functioning of labour administration and industrial relations institutions and procedures;
Developed capacities of governmental stakeholders regarding the advancement of childcare and protection systems of poorest children;
Strengthened capacities of the Parliamentary Committees on Human Rights and Civil Integration and on Legal Issues;
More effective investigation mechanisms on violations committed by law-enforcement officers.

To accomplish the above activities, the project will partner with the following institutions: NHRSAP Inter-Agency Council and its Secretariat, the Personal Data Protection Inspector, government institutions on labour and child care, Public Defender (Ombudsperson), the Parliamentary Committees on Human Rights and Civil Integration and on Legal Issues, and the Judiciary through the High School of Justice and law-enforcement authorities, as well as high education institutions and media.

Objectives

One of the objectives of the project is to support better protection of personal data in Georgia by enhancing capacities of Personal Data Protection Inspector’s (PDPI) office of Georgia.

Currently, a new draft law on Personal Data Protection is being prepared that will take into consideration the new developments in the field of personal data protection in Europe and provide for the advanced standards in data protection. At this stage, expert support is needed to hold meetings in Georgia with the working group elaborating the new draft law on Personal Data Protection, with the relevant stakeholders and with decision-makers to present latest European trends on PDP. Later the expert will also provide his/her views and detailed comments on the draft law on Personal Data Protection.

This call aims to hire an international expert who has a profound knowledge of personal data protection, especially the new EU General Data Protection Regulation (GDPR), and who by implementing different activities prescribed below will provide assistance in the process of elaboration of the new draft law on Personal Data Protection.

Duties and Responsibilities

The overall goal of the assignment is to support better protection of personal data in Georgia by setting further advanced standards of personal data protection in Georgian legislation. Under the direct supervision of the Programme Coordinator the Consultant is expected to:

Hold 2 meetings with the group elaborating the new draft law on Personal Data Protection:
- A two-day working meeting with the group elaborating the new draft law on Personal Data Protection; among other topics, the meeting would involve discussing experiences of EU countries with regard to practical steps taken to ensure legislative compliance with GDPR, the processes of adopting pertinent legislation, ways to address certain practical matters in legal acts;
- A two-day working meeting with the group to discuss the comments on the draft law and finalize it.
Hold a meeting with decision-makers (Members of the Parliament) and the representatives of the public sector; among other topics, the meeting would involve presentation and discussions with regard to the important novelties introduced by new EU regulations and how their implementation could advance the standards of data protection in the country;
Hold a meeting with the business community representatives and speak, among other topics, about the important novelties introduced by GDPR and their effect on businesses;
Provide comprehensive expertise of the new draft law on Personal Data Protection that involves the expert’s general views with regard to the structure of the draft law as well as detailed comments with regard to the draft text of the law and the specific suggestions on how to improve it, especially in view of ensuring maximum compliance with the new EU regulations.
Produce the final report of the activities with a brief summary of the work performed.

Deliverables

2 two-day working meetings with the group elaborating the new draft law on Personal Data Protection;
A meeting with decision-makers (Members of the Parliament) and the representatives of the public sector;
A meeting with the business community representatives;
Comments to the text of the draft law on Personal Data Protection and relevant suggestions;
Final report of the activities with a brief summary of the work performed.

Implementation Arrangements

Management arrangements:UNDP and PDPI will provide necessary information and facilitate organization of meetings that are necessary for implementation of the assignment under this TOR. UNDP will cover travel costs related to organization of meetings outside Tbilisi, Georgia.

Timeframe of Implementation of the Assignment: The entire assignment will be undertaken during May 2018 – September 2018; up to 20 working days with 9 days in Georgia. Payments will be made based upon output, i.e. upon delivery of the services specified in the TOR approved by the Programme Coordinator:

Devlierbale 1: 2 Two-day working meetings with the group elaborating the new draft law on Personal Data Protection; a meeting with decision-makers (Members of the Parliament) and the representatives of the public sector; a meeting with the business community representatives - 6 working days;
Deliverable 2: Analyse and develop comments to the text of the draft law on Personal Data Protection and provide relevant suggestions - 13 working days; Final report of activities - 1 working day.

Competencies

Core Competencies

Demonstrated commitment to UNDP’s mission, vision and values;
Sensitivity and adaptability to cultural, gender, religion, race, nationality and age;
Highest standards of integrity, discretion and loyalty.

Functional Competencies

Excellent communication skills (spoken, written and presentational);
Good interpersonal skills and ability to work in and with teams;
Ability to set priorities and manage time effectively.

Required Skills and Experience

Education:

Master’s degree in Law, or international law (minimum qualification requirement: 5 points).

Experience:

Strong expertise and minimum five years of extensive experience in personal data protection field (minimum qualification requirement: 5 years -10 points; more than 5 years – additional 3 points);
Strong knowledge of the new EU data protection regulations (Regulation (EU) 2016/679, Directive EU 2016/680) and the recent developments in the personal data protection field in Europe (minimum qualification requirement: 5 points);
At least five years of experience in drafting legal acts, preferably on personal data protection (minimum qualification requirement: 5 years - 9 points; more than 5 years – additional 4 points);
Established experience in research and analysis (evidenced by conducted research papers prepared alone or together with other authors; the list should be given in submitted documents) (minimum qualification requirement: 5 years - 6 points; more than 5 years – additional 3 points);
Experience in working as a consultant for governments will be an asset (5 points).

Language Requirements:

Excellent English skills (both written and verbal).

Evaluation:

Individual Experts will be evaluated based on cumulative analysis method, against combination of technical and financial criteria. Maximum obtainable score is 100, out of which the total score for technical criteria equals to 70 (desk review 50 points and interview 20 points) and for financial criteria – to 30. Offerors not meeting any of minimum qualification requirements will be automatically disqualified. Only offerors obtaining minimum 35 points as a result of the desk review will be considered as qualified offerors and invited for the interview. Those offerors passing 70% threshold of maximum obtainable scores as a result of interview, i.e. obtain minimum 14 points, will be shortlisted and requested to provide financial proposal.

Financial Proposal:

The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in instalments or upon completion of the entire contract). Payments are made based on delivery. The delivery has to be accepted and approved by the Project team prior to any payment. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount based on deliverables. Maximum 30 points will be assigned to the lowest price offer. All other price offers will be scored using the formula (inverse proportion): Financial score X = 30* the lowest price offer/suggested price offer.