Background

In the age of big data, private companies and governments are increasingly using data-driven technologies and Artificial Intelligence (AI) in various sectors, including health care, science, education, employment, etc. While digital tools can resolve many development challenges and improve our lives, as the technology evolves and big data magnifies, it also impacts human rights. The application of big data, AI, and other related technologies rely on the generation, collection, processing, and sharing of a large amount of data, often skipping over people's consent and posing significant risks to the right to privacy and data protection. When sensitive information on ethnicity or political beliefs can be predicted from unrelated data (i.e., activity logs, phone metrics, location data, or social media likes), it may lead to biased identification, profiling, and further amplification of existing bias and discrimination against marginalized and vulnerable communities. These risks and the massive deployment of contact tracing digital technologies witnessed during the COVID-19 pandemic urgently require the adoption of adequate regulatory mechanisms to ensure the development of a human-rights compliant, safe, and transparent digitalization.

The countries of Eastern Europe and Central Asia (ECIS) have also started to test the potential of digital technologies, including AI. For example, the deployment of surveillance cameras on the streets raises concerns regarding respecting privacy rights. AI is also deployed for the random allocation of judges and other public officials, distribution of social benefits, detection of frauds, or even preselection of contractors in public procurement. The use of such practices unveiled several issues, such as the lack of transparency of the AI systems, independent oversight, and the absence of legal frameworks that would ensure remedies and compensation for the potential human rights abuses caused by AI.

Against this background, the countries in the ECIS are yet to develop regulatory frameworks for the governance of digital technologies and AI systems that will attribute responsibility for their development and use and address their implications to human rights. Ukraine and Serbia became the first countries in the region to adopt National Strategies for the Development of AI, acknowledging and addressing digital technologies' challenges. The rest of the region regulates digital technologies by existing legal frameworks that partially cover the aspects of the digital systems' adverse risks, such as freedom of expression, data protection, and consumer rights protection.

In response to this context, the UNDP Istanbul Regional Hub (IRH), as the leading knowledge and advisory hub for the countries serviced by UNDP's Regional Bureau for Europe and CIS (RBEC), aims to launch a regional initiative on data protection, AI, and Human Rights. The overall objective of the initiative is to raise awareness on human rights impacts of the use of digital technologies and AI, and provide recommendations and guidelines to the UNDP Country Offices for future programming. Following the above, UNDP IRH intends to hire an International Consultant (IC) to conduct a scoping study of the emerging trends, challenges, and regulatory frameworks related to data protection and impact of digital technologies and AI on human rights in the countries of ECIS. The study will provide a baseline against which UNDP can assess progress and strategies in the region in the future. The research will be undertaken through a mix of desk research and (remote) key informant interviews, including with UNDP country offices (COs) and regional experts.  

Ultimately, the scoping study aims at:   

1. Assessing the current status and identifying emerging trends and challenges in data protection and impact of digital technologies and AI on human rights in the ECIS region
2. Mapping of legal, regulatory and institutional frameworks at national, sub-regional and regional levels governing data protection and human rights aspects of the use of digital technologies and AI
3. Defining measures to promote human rights compliant, people-centered, safe, and transparent use of digital technologies in the ECIS region, including on strategic entry points and opportunities for UNDP's support.

Duties and Responsibilities

Scope of Work                                                                                                                                                                                 

The consultant will work under the guidance and supervision of Rule of Law, Security and Human Rights (ROLSHR) Policy Specialist at UNDP IRH with support from the IRH Governance and Peacebuilding team. Specific results to be achieved by the consultant are listed below.   

Produce a research plan in consultation with the ROLSHR Policy Specialist:  

• Conduct preliminary desk research to identify gaps in data and analysis concerning the impact of digital technologies on human rights, including governance of AI and data protection in the ECIS region;   
• Based on preliminary research, propose the different chapters to be included in the knowledge product and outline their content. The chapters shall be structured, where possible, as per critical issues and three sub-regions (South Caucasus and Western CIS, Western Balkans + Turkey, Central Asia).  
• Create a research methodology and structure, and outline the specific activities to be undertaken to accomplish the deliverables 2 and 3 listed below, including a list of potential interviewees.  

Report on the "Impact of digital technologies and AI on human rights in the ECIS region": 

       •     Regional trends

Overview of the main developments concerning the use of digital technologies and AI and their impact on data protection, privacy, and human rights in the ECIS region, following the structure outlined under deliverable 1 listed above. Provide analysis of specific challenges related to the potential adverse impact of such technologies on human rights, e.g., discrimination, privacy, data protection, fair trial, etc.

• Mapping of the regulatory, legislative and institutional frameworks

Conduct a mapping of existing regulatory, legislative, and institutional frameworks applied in the countries to regulate the human rights aspects of digital technologies, including in areas of data protection and privacy, e-transaction, consumer protection, and AI governance at the international, regional, sub-regional, and national levels. Identify the gaps in regulatory and institutional frameworks and measures for their improvement.

• Case studies

Develop several case studies demonstrating the impact of digital technologies on human rights, focusing on data protection and AI governance at national and sub-regional levels.

       •     Recommendations

Following the above analysis, provide recommendations for policymakers, developers, manufacturers and service providers, as well as National Human Rights Institutions (NHRIs) and civil society at regional/sub-regional and national levels. Identify strategic entry points for UNDP's support and programming.

• Human Rights Risk and Impact Assessment

Identify AI sectors at country/regional levels, which are exposed to human rights risks where a Human Rights Risk and Impact Assessment may be piloted.

Validate research findings and produce the final report  

• Validate research findings and recommendations through peer-review, including by the UNDP ROLSHR cluster at IRH, and through online consultation sessions with UNDP ECIS country office staff, regional experts and others to be defined in coordination with UNDP;  
• Produce the final report, in English, in a format and layout suitable for publishing (publication costs are not expected to be borne in this IC contract) 

Output and Deliverables

The consultant will use his/her own equipment and software.? 

Intellectual Property                                                                                                                                                                     

All information and production of report to the assignments as well as outputs produced under this contract shall remain the property of the UNDP who shall have exclusive rights over their use. The products shall not be disclosed to the public nor used in whatever format without written permission of UNDP in line with the national and International Copyright Laws applicable.

Institutional Arrangements                                                                                                                                                        

The IC will work under the overall guidance of the ROLSHR Policy Specialist, Governance and Peacebuilding Team, UNDP IRH.Each deliverable shall be presented to the ROLSHR Policy Specialist for review and approval.

Duration of Assignment, Duty Station, and Expected Places of Travel                                                                       

Duty Station

The consultancy will be home-based. Interviews and?consultations?will take place?through video conferences or other remote communication tools. 

Competencies

Skills? 

• Demonstrable research skills;  
• Results-driven, initiative-taking, ability to work under pressure and meet tight deadlines;  
• Ability to work independently or with very limited guidance.
• Highly motivated with a positive attitude and problem-solving approach; 
• Good interpersonal and communication skills.

Required Skills and Experience

Education and Experience? 

• Advanced university degree (Master's or equivalent) in law, governance, anthropology, social science, political science, computer science and ICT or related discipline(s);   
• 3+ years of research experience related to digital rights, social and ethical impacts of digital technologies on human rights, governance of AI or other related areas;  
• 5+ years of work experience in human rights, legal/social/ development issues with private or development agencies;
• Demonstrated understanding of geo-political situation and experience in Eastern Europe and Central Asia on a range of issues concerning the human rights and use of digital technologies;  
• Demonstrated capacity to conduct multi-discipline, cross-sector and cross-country research;
• Strong expertise in writing and documenting research reports.

Language? 

• Proficiency in English.?Working-level Russian or another local language is desirable 

Interested candidates must submit the following documents/information to demonstrate their qualifications. 

1. Curriculum Vitae or P11;
2. One?example of?a?previous publication;
3. Brief description of why the individual considers him/herself as the most suitable for the assignment. 
4. Duly accomplished Letter of Confirmation of Interest and Availability using the template provided by UNDP; This document also contains a Financial Proposal that indicates the all-inclusive fixed total contract price, supported by a breakdown of costs, as per template provided.? If an Offeror is employed by an organisation/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the Offeror must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP. The consultant should also indicate any travel and related costs for meetings etc;

Criteria for Selection of the Best Offer

Evaluation Method and Criteria? 

Only candidates who are responsive and compliant will be evaluated. Individual consultants will be evaluated based on the following methodology: 

Combined Scoring method:? 

The award of the contract shall be made to the candidate whose offer has been evaluated and determined as a) responsive/compliant/acceptable; and b) having received the highest score out of set of weighted technical criteria (70%) and financial criteria (30%). 

• The technical criteria consist of qualification review (education, experience, language) [max. 100 points]
• Financial score shall be computed as a ratio of the proposal being evaluated as the lowest priced qualified proposal received by UNDP for the assignment will be based on a maximum 30 points. 

Technical Criteria for Evaluation (Maximum 70 points)

• Criteria 1: Education – Max 10 points;
• Criteria 2: Working experience – Max 20 points
• Criteria 3: Analytical, research and writing abilities – Max 20 points
• Criteria 4: Interview – Max 10 points
• Criteria 5: Excellent command of English – Max 10 points

Only candidates obtaining a minimum of 70 points for technical criteria (approx. 70% of the total technical points) would?be considered for the Financial Evaluation.? 

For those passing technical evaluation above, offers will be evaluated per the Combined Scoring method:

a) Technical evaluation (70%)

b) Financial evaluation (30%)

The application receiving the Highest Combined Score will be awarded the contract. 

Candidates shall quote a lump-sum "all-inclusive" fee for the completion of each deliverable. The term "all-inclusive" implies that all costs (professional fees, communications, consumables,etc.) that could be incurred by the IC in completing the assignmentare already factoredinto the lump-sum submitted in the proposal. Payments shallbe doneupon verification of completion of deliverables and approval by the IC's supervisor. 

The lump-sum price is fixed regardless of changes in the cost components.

• First Tranche – 10% upon submission and approval of Deliverable 1 ("Research Plan") 
• Second Tranche –40% upon submission and approval of Deliverable 2 ("Draft study for evaluation'") 
• Third Tranche – 20% upon submission and approval of Deliverable 3 ("Validation through peer-review") 
• Fourth Tranche –30% upon submission and approval of Deliverable 4 ("Final report inclusive of recommendations")