This is a local position for Serbian nationals. To apply, CVs should be submitted to gai-belgrade@checchiconsulting.com by the deadline stated above. Please put “GAI STTA - Data Protection” in the subject line.
USAID Government Accountability Initiative (GAI)
Legal Consultant on Personal Data Protection
Background and goal
The Government Accountability Initiative (GAI) is a four year, USAID-funded activity, aimed at strengthening capacities and connections of key Serbian stakeholders to increase government accountability at the national and local levels.
Component 3 of GAI, Adjudication of Corruption Cases, supports the Supreme Court of Cassation (SCC), Republic Public Prosecutor’s Office (RPPO), Ministry of Justice (MOJ), specialized anti-corruption court units and prosecutors’ offices. The project was awarded in February 2018, and is implemented by Checchi and Company Consulting, Inc.
Under Component 3 Adjudication of Corruption Cases, GAI will:
The Action Plan for Chapter 23, Activity 2.3.4.3, foresees establishing a model of unique record keeping (electronic register) for criminal offenses with an element of corruption, in accordance with the law governing the protection of personal data.
It is envisioned that established specialized anti-corruption units in courts and public prosecutor`s offices will be supported with appropriate procedures for quality data collection and analysis, which in turn would enable policy makers to pinpoint obstacles and bottlenecks to successful prosecution and adjudication of corruption cases. To this end, GAI will help establish a system for the collection of unified statistics on corruption, distinguishing clearly between different types of criminal offences, the length of cases, outcome of the proceedings, etc. GAI will approach the creation of an ERCC from legal, technical (hardware/software) and business process streamlining angles simultaneously.
The mechanism will draw wherever possible from the existing case management systems for courts and public prosecutors` offices (AVP, SAPO, SIPRES), and will be designed specifically to offer information meeting the needs of the SCC, MOJ, and indirectly the EU and others. Provision of this data should allow stakeholders to accurately monitor case flows and the increased number of corruption cases taken on by courts and public prosecutors` offices, among other activities.
In Serbia, the 2008 Personal Data Protection Act governs the collection and use of personal data. Serbia has still not implemented the EU Data Protection Directive (95/46/EC). A new Data Protection Law, that for the most part incorporates the EU standards, is in preparation and should be adopted in 2018. The main law governing collection and data processing in judicial organs is the 1989 Law on Organization and Unified Methodology for Collection, Recording and Data Processing for the Needs of Judicial Organs of Interest for the Country, and the accompanying Rulebook from 2005. GAI proposes to hire an expert with expertise in personal data protection legislation in Serbia and the EU standards (including the new EU General Data Protection Regulation – GDPR) which should analyze current legal framework that would allow creation of an ERCC and identify any legal impediments in current law for creation of an ERCC.
Tasks
The expert will undertake the following tasks:
Period
The total level of effort for the task is not to exceed 30 days of work.
The work is anticipated to be completed during the period September - October 2018.
Deliverables
All deliverables should be prepared in both English and Serbian language.
Qualifications
This is a Junior-level (3+ years of experience) or Mid-level position (7+ years of experience). In addition, the following qualifications are required: