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Personal Data Protection Consultant (Western Balkans region)
|Location :||Home based, BOSNIA AND HERZEGOVINA|
|Application Deadline :||22-Sep-19 (Midnight New York, USA)|
|Type of Contract :||Individual Contract|
|Post Level :||International Consultant|
|Languages Required :||English|
|Duration of Initial Contract :||01 October - 15 November 2019|
|Expected Duration of Assignment :||15 working days|
NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and Availability - http://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx Letter to UNDP Confirming Interest and Availability.docx - to be sent to e-mail email@example.com with Subject: Job ID 87499.
The purpose of the consultancy is to assess relevant legal and regulatory frameworks as well as established practices, in Bosnia and Herzegovina, Croatia, Montenegro and Serbia which are pertinent to personal data protection with a view to supporting and enhancing public awareness of war crimes trials by making war crimes judgements and indictments more available to the public and judicial professionals. This will be achieved through extensive analysis of the respective legal frameworks and practices in the four countries, and their comparison to the relevant Council of Europe’s and European Union’s legal regulation as well as other international and comparative regulations and practices. Full consideration must be paid to both the personal data protection perspective and the right of the public to know, given the importance of war crimes trials for individuals and the societies in the region.
The main objective of the consultancy is to conduct a comparative analyses and produce a report of the four countries on how much their respective personal data protection and other related legal frameworks, as well as the legal regulation of Council of Europe, European Union (especially the EU’s General Data Protection Regulation - GDPR) and other relevant international bodies and institutions allow for making judgments and indictments in war crimes cases available to the general public, without anonymization or redactions of the names of the accused, crime sites, victims and witnesses. The study shall further explore and assess if there would be personal data protection limitations to making national war crimes jurisprudence accessible to the professional community through the creation of a regional database of jurisprudence. The study shall assess the current situation and capacities in the four countries in relation to the aforementioned areas and issues, and identify gaps, problems, and areas for improvement of the existing or introduction of the new legal regulations and practices to reconcile different rights and interests especially personal data protection and privacy with the right to know the matters of high importance for the public.
The consultancy is planned within the Regional War Crimes (RWC) Project– Western Balkans. The RWC Project aims to strengthen the rule of law in the Western Balkans (Bosnia and Herzegovina, Croatia, Montenegro, and Serbia) by contributing to the effective fight against impunity for war crimes through support to regional cooperation in war crimes processing and other efforts to address the legacy of the conflict from the nineties in region. The project builds on the platform for regional cooperation on processing war crimes and the search for missing persons, established among institutions of BiH, Croatia, Montenegro and Serbia, which has been facilitated by UNDP since 2015, under the initiation phase of the project. The platform has supported trust-building among the key actors, re-activation of cross-border communication, exchange of information and evidence, as well as commitment to joint investigations.
The overall aim of the RWC Project will be realized through the achievement of the following project outputs:
Overall, the project aims to contribute to maximizing societal impact of criminal proceedings and other transitional justice processes supporting a conducive environment for reconciliation and sustaining peace in the region. It will do so through expediting the prosecution of war crimes, enhancing support, especially cross-border, to victims and witnesses, facilitating regional dialogue among POs and other relevant institutions and victims’ associations, while also promoting transparent and data-based communication and public outreach on processing of war crimes cases, search for missing persons and other transitional justice processes.
One of the issues that the project seeks to address is the need for the general public to be duly and promptly informed on war crimes trials and their outcomes. Additionally, the project seeks to develop and establish a regional war crimes jurisprudence database. This database will need to follow appropriate standardization and methodology from the personal data protection perspective and this should be addressed through this consultancy. Finally, the consultancy should address the issues pertinent to the content of the official websites of the relevant national institutions of the four countries in order to ensure that the public and professional community is promptly informed on war crimes trials.
Duties and Responsibilities
The Consultant will be tasked to first propose a plan and an approach (methodology), and then to gather necessary information from available sources and all the relevant institutions, stakeholders and individuals, following the purpose and objective of the consultancy. The Consultant will prepare a report analyzing and summarizing findings, assessing and proposing solutions, and issuing specific recommendations to UNDP for possible interventions and support to judicial and other state authorities. Particular attention will be paid to the right of the public to know in relation to war crimes trials, as well as the value of publicizing such information for the professional and academic community. The Consultant will prepare the study, in English, in the form of a report.
While the consultancy will focus specifically on the possibility to make public as much information on war crimes trials as possible, the consultant will also consider legal requirements pertinent to personal data protection. The consultant should also identify and map any previous, current or planned activities or projects on the topic of data protection and access to information for the public, especially in relation to war crimes trials.
The study will be conducted through desk research and where needed direct communication with the representatives of the relevant national institutions in BiH, Croatia, Montenegro and Serbia, as well as international organizations or stakeholders that implement similar projects or activities. Such communication should be carried out through remote communication (skype, e-mail, phone). In addition, the consultant will review relevant and available reports, documents and literature on the matter.
More specifically, the Consultant will undertake the following main tasks:
Task 1: Design and planning of a study
Under this task the Consultant will:
The level of effort for this task will not exceed 2 expert days.
Task 2: Collecting information for the study
Under this task the Consultant will:
The level of effort for this task will not exceed 7 expert days.
Task 3: Producing the report
Under this task the Consultant will:
The level of effort for this task will not exceed 6 expert days.
Deliverables and Timeline
Consultant is responsible for the following deliverables:
Required Skills and Experience
Only candidates obtaining a minimum of 60% of the technical evaluation score would be considered for the financial evaluation
Individual consultants will be evaluated based on the following methodology:
When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:
Applicants are required to submit an application including:
Please scan all above mentioned documents and upload as one attachment only online through this website.
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.