UNDP Jobs - 66479- Legal Expert on Personal Data Protection

Legal Expert on Personal Data Protection

Location :

Tbilisi, GEORGIA

Type of Contract :

Individual Contract

Starting Date :

Application Deadline :

06-Jun-16 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Languages Required :

English

Expected Duration of Assignment :

June 2016 –January 2017

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.

Duties and Responsibilities

One of the objectives of the project is to support better protection of personal data in Georgia. Being one of the major personal data processor Public Service Development Agency (PSDA) is one of major beneficiaries of this component. The project and PSDA planned joint activities related to improving protection of personal data, risk assessment of business processes vis-à-vis personal data protection.

PSDA requested support in conducting the risk assessment of the following processes:

Registration of the civil act records and introducing amendments/changes to the relevant records on birth, death, adoption, establishing paternity, marriage, divorce, change of name or/and surname;
Establishing legal fact of birth and death;
Establishing registration fact of birth and death;
Registration and cancellation of registration of the place of residence citizens of Georgia and foreign nationals living in Georgia;
Issuing identification documents to Georgian citizens and foreign nationals living in Georgia (electronic IDs, biometric passports, temporary residents cards and permanent residents permits).

It was agreed to hire three experts to support PSDA and conduct risk assessment and develop recommendations how to address the identified shortcomings. In addition, UNDP will support PSDA to upgrade existing legal acts of PSDA related to personal data protection.

The overall goal of the assignment is to ensure higher standards for protection of personal data and ensure better protection of human rights in Georgia.

UNDP will support the request of PSDA and will hire 3 experts for that purpose.

Under the overall supervision of the UNDP Project Manager and in close cooperation with the Team Leader the consultant is expected to:

Provide legal support to Team Leader and Risk Assessment Expert during evaluating the risks of inconsistencies of the preselected business processes of PSDA, with the law of Georgia on personal data protection; the business processes to be reviewed are as follows:
- Registration of the civil act records and introducing amendments/changes to the relevant records on:
  - Birth
  - Death
  - Adoption
  - Establishing paternity
  - Marriage
  - Divorce
  - Change of name or/and surname
- Establishing legal fact of birth and death;
- Establishing registration fact of birth and death;
Registration and cancellation of registration of the place of residence citizens of Georgia and foreign nationals living in Georgia;
Issuing identification documents to Georgian citizens and foreign nationals living in Georgia (electronic IDs, biometric passports, temporary residents cards and permanent residents permits);
In close cooperation with other team members (Risk Assessment Team Leader and Risk Assessment Expert), prepare recommendations on the elimination of the risks of inconsistencies of the aforementioned business processes with the law of Georgia on Personal Data Protection.
In case findings of risk assessment require specific changes to the existing business processes of PSDA, in close cooperation with other team members develop a document on addressing identified shortcomings of business tasks;
Organize/attend meetings, meetings and workshops agreed with PSDA and UNDP and planned for implementation of tasks under paras. 1 and 2 above;
Conduct desk-review research as agreed with UNDP and the team leader.
Draft legislative changes in the respective legal acts (laws and by-laws) of the PSDA according to the Law of Georgia on Personal Data Protection, in close cooperation with relevant PSDA staff and based on developed risk assessment/elimination recommendations (this component will be implemented independently, after risk assessment final report is developed by the team of experts; The specific list of legal acts shall be agreed by PSDA and UNDP project coordinator together with Expert based on Risk Assessment Final Report)
Develop internal guidelines on Personal Data Protection for PSDA (this component will be implemented independently, after risk assessment final report is developed by the team of experts);
Develop Report on activities under paragraphs 6 and 7 above.

Deliverables:

Risk Assessment Final Report developed together with other team members; the final report should include description of work performed by the team and lay out the key findings vis-à-vis the risks of inconsistencies of the selected business processes of PSDA with the Law of Georgia on Personal Data Protection, along with the recommendations on how to address the revealed risks;
In case findings of risk assessment require specific changes to the existing business processes of PSDA, a document on addressing identified shortcomings of business tasks;
Final Report of activities developed together with other team members;
Draft amendments to the agreed legal acts;
Internal guidelines document on Personal Data Protection for PSDA;
Report on activities implemented independently.

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 presentation);
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 (minimum qualification requirement: 5 points).

Experience:

Established knowledge of PDP legislation in Georgia and relevant international standards (10 points);
Strong expertise and minimum four years of extensive experience in drafting legal acts (laws and by-laws) (minimum qualification requirement; 4 years - 5 points; more than 4 years - additional 5 points);
At least four years of experience in analysing and drafting legislative changes in different legal acts (minimum qualification requirement; 4 years - 5 points; more than 4 years - additional 5 points);
At least three years of experience in working with/at government institutions (minimum qualification requirement; 3 years - 2 points; more than 3 years - additional 3 points); .
Experience in developing analytical reports (10 points).

Language Requirements:

The candidate should have excellent skills in Georgian language (both written and verbal);
Knowledge of English language will be an asset.

Evaluation:

Individual consultants will be evaluated based on cumulative analysis method. Offerors will be evaluated against combination of technical and financial criteria. Maximum obtainable score is 100, out of which the total score for technical criteria equals to 70 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 the interview, i.e. obtain minimum 14 points, as a result of the interview will be shortlisted and requested to provide financial proposal.

Financial Proposal:

he 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 based upon output, i.e. upon delivery of the services specified in the TOR. 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. 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.

PSDA will be responsible for assisting the Legal Expert on Personal Data Protection in acquiring relevant documentation, data and evidence. The Agency will also provide the office space, necessary materials, assistance in planning and arranging meetings and make logistic arrangements.

UNDP will ensure travel, accommodation and meals for any workshop outside Tbilisi organized for the purposes of this assignment.

Timeframe of the evaluation process:

The entire assignment will be undertaken during June 2016 –January 2017.

Payment modality:

The payable amount shall be distributed per deliverable as follows:

Risk Assessment Final Report developed together with other team members; the final report should include description of work performed by the team and lay out the key findings vis-à-vis the risks of inconsistencies of the selected business processes of PSDA with the Law of Georgia on Personal Data Protection, along with the recommendations on how to address the revealed risk – 30% of the total amount;
In case findings of risk assessment require specific changes to the existing business processes of PSDA, a document on addressing identified shortcomings of business tasks - 15% of the total amount; if UNDP and PSDA agree in writing that there is no need to develop such a document this amount is not payable;
Final Report of activities developed together with other team members – 15%;
Draft amendments to the agreed legal acts and internal guidelines document on Personal Data Protection for PSDA - 30% of the total amount;
Report on activities implemented independently – 10%.