Terms of Reference (TOR) for a Short term assignment

Transcription

1 Terms of Reference (TOR) for a Short term assignment Technical assistance requested: Two (2) Experts one on Personal Data Protection, one on Data Secrecy The project Title: Ref: Main beneficiary: Financing institution: Budget Line / Expert Category: Policy and Legal Advice Centre (PLAC), Serbia European Integration Office of the Republic of Serbia (SEIO) European Union Non Key Short-Term -Senior Experts Team Leader: Marija Pejčinović Burić Project background and description PLAC (scope of the work) The scope of this assignment is to assist the Project in its objective to improve the current system for legal approximation process and the level of harmonisation of the national legislation with the EU acquis, thus contributing to a fundamental element of the EU integration process. Further improvement of the European integration structures, including in key line ministries, strengthening verification of the compatibility of government policies and draft legislation with the acquis and EU integration requirements, improving legislation quality, and enhancing cooperation among line institutions are key priorities. The project will assess and enhance the concrete and systemic integration of the transposed acquis in the national legislative framework. To that regard, line institutions at Government central level and the Parliament will be involved through specific assistance. When a plan or a strategy for harmonisation is developed, the project will contribute implementing it. The sustainability of results, including ensuring the necessary capacities for implementation and follow-up, will be specifically in focus. The PLAC project should achieve three results: RESULT 1 Strengthened structures related to harmonization and approximation of national legislation with EU legislation, including mechanisms for consultation of relevant external stakeholders RESULT 2 Compatibility of national legislation with EU legislation improved through preparation of relevant draft laws RESULT 3 Enhanced capacities of the relevant institutions (in particular SEIO, the Secretariat for Legislation, the General Secretariat and line ministries) for harmonization of Serbian legislation with the EU acquis and implementation of national legislation.

2 Description of the assignment Title: Two (2) Non-key Short-Term Senior Experts Brief description of the assignment: The Republic of Serbia recently ratified the Council of Europe Convention 108 with the annexes, adopted new legislation (laws and -by-laws) on Personal Data Protection and on Data Secrecy, the Strategy on Personal data protection and entered into agreements on exchange of Data Secrecy with the EU and the NATO. Nevertheless, Serbian legislation is not fully in line with the EU acquis and shall be further harmonized. Also, the above mentioned Strategy shall be implemented. The Expert on Personal Data protection shall analyse the legislation in the relevant sector, including draft acts and implementation issues, provide compatibility check of Serbian legislation, including draft acts, draft Table of Concordance and provide recommendations for further full harmonization with the EU acquis and International Treaties, with particular regard to proper implementation in line with Serbian needs, capacities and legal system. Further, the Expert shall provide recommendations for drafting of regulation on Record Keeping (Archiving) of sensible personal data and shall provide recommendations for drafting of an Action plan for implementation of the Strategy on Personal data protection. The Expert on Data Secrecy shall analyse Serbian legislation in the relevant sector, including draft acts and implementation issues, provide compatibility check of Serbian legislation, including draft acts, draft Table of Concordance and provide recommendations for further full harmonization with the EU acquis and International Treaties, with particular regard to proper implementation in line with Serbian needs, capacities and legal system. The Expert shall also provide a comparative analysis of the state of play in the area of Industrial Secrecy in at least two EU Member States. At present, there is no on-going and/or planned assistance projects in the area covered by this ToR. Number of required experts: One (1) Non Key Senior Expert on Personal Data Protection (Expert 1) One (1) Non Key Senior Expert on Data Secrecy (Expert 2) Duration of the assignment: Period of the assignment: Place of assignment: Working language: Expert 1: up to a total of 20working days Expert2: up to a total of 20 working days April/2014 September/2014 Belgrade, Serbia. English

3 Expert Activities: Expert 1 (Personal Data Protection) Description of the activities Outputs: Analysis of the relevant Serbian legislation, including draft acts and implementation issues Compatibility check of Serbian legislation laws and by laws on Personal Data Protection with the EU acquis, including draft legislation and implementation, with Table of Concordance Drafting of Recommendation paper with concrete solutions inputs for further full harmonization, including analysis of practical implementation of proposed solutions Drafting of Recommendation paper with concrete solutions inputs for drafting of regulation on Record Keeping (Archiving) of sensible personal data Desk review of the Strategy and drafting of Recommendation paper with concrete solutions inputs for the Action plan Table of Concordance drafted Recommendation paper with inputs for full harmonization of legislation, including implementation issues, drafted Recommendation paper for drafting of a regulation on Record Keeping with inputs for full harmonization and implementation issues drafted Recommendation paper with inputs for implementation of Action plan drafted Expert 2 (Data Secrecy) Description of the activities Analysis of the relevant Serbian legislation, including draft acts and implementation issues Compatibility check of Serbian legislation laws and by laws on Data Secrecy with the EU acquis, including draft legislation and implementation, with Table of Concordance drafted Drafting of Recommendation paper with concrete solutions inputs for further full harmonization of legislation, including analysis of practical implementation

4 Drafting of Recommendation paper with concrete solutions inputs for drafting legislative solutions in the field of Industrial Secrecy, including implementation issues according to the comparative overview in at least two EU Member States Outputs Table of Concordance drafted Recommendation paper with inputs for full harmonization of legislation, including implementation issues, drafted Recommendation paper with inputs for drafting of legislation in the field of Industrial secrecy, including implementation issues, drafted Experts Profiles Expert 1 (Personal Data Protection) Qualifications and skills (25 points) A university degree (where a university degree has been awarded on completion of three years study in a university or institution) in Law Fluency in English Computer literacy Strong analytical skills Good communication, and reporting skills General professional experience (25 points) Proven minimum 10 but ideally 15 years of postgraduate experience in institutional reform, policy development and/or legal drafting in an EU Member State or candidate/potential candidate country Specific professional experience (50 points) Proven minimum 7 years of academic or professional experience in the field of Personal Data Protection Proven minimum 3 years of experience in drafting laws and regulation as well as approximation, harmonization and/or implementation of EU acquisina Member State, Candidate or Potential candidate country, preferably in the field of Personal Data Protection and Access to Information of Public Interest. Proven minimum 3 years of experience in drafting strategy and policy paper documents in a Member State, Candidate or Potential candidate country, preferably in the field of Personal Data Protection and Access to Information of Public Importance. Excellent knowledge of Serbain legal system would be a strong advantage.

5 Expert 2 (Data Secrecy) Qualifications and skills (25 points) A university degree (where a university degree has been awarded on completion of three years study in a university or equivalent institution) in Law Fluency in English Computer literacy Strong analytical skills Good communication and reporting skills General professional experience (25 points) Proven minimum 10 but ideally 15 years of postgraduate experience in institutional reform, policy development and/or legal drafting in an EU Member State or candidate/potential candidate country Specific professional experience (50 points) Proven minimum 7 years of academic or professional experience in the field of Data Secrecy, Proven experience in comparative law analysis, preferably in the field of Data Secrecy, Experience in approximation, harmonization and/or implementation of EU acquis ina Member State, Candidate or Potential candidate country, preferably in the field of Data Secrecy, Expirience in drafting startegy and policy paper documents as well as laws and regulation in a Member State, Candidate or Potential candidate country in the field of Data Secrecy Experience in Serbian legal system would be an asset. Applications (EU format CV and application letter, both in English) need to be submitted by to mbayard@dmiassociates.com with a copy to nderxen@dmiassociates.com not later than 17:00 hrs, 7th April 2014, titled: Application for the position - Non-key Short-Term Senior Expert in the field of Personal Data Protection - Non-key Short-Term Senior Expert in the field of Data Secrecy References must be available on request. Only candidates with a correct CV will receive a confirmation on receipt of their application. Only short-listed candidates will be contacted. The Project is an equal opportunity employer that encourages applications from women and minorities. All applications will be considered strictly confidential. Advertised post is not available to civil servants or other officials of the public administration in the beneficiary country, Serbia. For more information, please contact Marion Bayard, project manager, DMI: mbayard@dmiassociates.com /