Consultant for elaboration of guidelines and recommendations on Personal Data Protection in Banking Sector (commercial banks)

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.

It is a young governmental organization that faces many challenges, including regular changes of legislation aimed at widening its functions. At this stage, support is needed to develop all relevant regulations and tools that will facilitate more efficient operations of the PDPI while implementing its statutory obligations.

For these purposes and to increase the awareness of data controllers and data processors, it was agreed with the PDPI to elaborate guidelines and recommendations regarding the application of the personal data protection standards in banking sector (commercial banks). This call aims to hire a consultant who will assist the PDPI in elaborating the guidelines by implementing the activities prescribed below.

Duties and Responsibilities

The overall goal of the assignment is to support better protection of personal data in banking sector by knowledge building in commercial banks and further enhancing capacities of PDPI. Under the direct supervision of the Programme Coordinator and the PDPI, the Consultant is expected to:

Elaborate guidelines and recommendations regarding the application of the personal data protection standards in banking sector (commercial banks), based on:

• Analysing the state of personal data protection in banking sector;
• Reviewing the application of existing personal data protection standards and legislative framework to commercial banks and examining relevant implementation mechanisms;
• Analysing the document identifying a number of problematic areas in the operations of commercial banks in terms of personal data processing (commissioned by the Human Rights for All project and prepared by relevant experts for the PDPI).

Deliverables

• Draft recommendations for banking sector (in Georgian Language);
• Final report of activities with a brief summary of the work performed under deliverable above (in English Language).

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 and accommodation costs outside Tbilisi, if the need arises.

Payment modality:  Payment shall be made in one instalment in line with the contract based upon output, i.e. upon delivery of the final activity report approved by the Programme Coordinator.

The entire assignment will be undertaken during June – August 2018 (10 working days in total):

• Draft recommendations for banking sector (in Georgian Language): 9 working days
• Final report of activities (in English Language): 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 analytical and research skills;
• 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, Economics or relevant fields (minimum qualification requirement: 5 points).

Experience

• Strong expertise and minimum six years of extensive experience in the area of banking sector (minimum qualification requirement: 6 to 8 years - 15 points; more than 8 years – additional 5 points);
• Minimum 5-year 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 to 7 years – 15 points; more than 7 years – additioanl 5 points); 
• Good knowledge of personal data protection (5 points).

Language Requirements

• Excellent English and Georgian 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 the 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 for maximum obtainable score as a result of the 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.