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Expert – A comparative legal analysis of access to information for research purposes

7:30:00 PM ,
Purpose:
The purpose is to provide hands-on assistance to the Commissioner for Information of Public Importance and Personal Data Protection in the implementation of the Law on Free Access to Information of Public Importance and Law on Personal Data Protection by producing a comparative legal analysis of access to information for research purposes (scientific, policy-related and other types of research).
Objective:
The objective is to improve the implementation of the Law on Free Access to Information of Public Importance and the Law on Personal Data Protection, as well as the exercise of the right to access to information for research purposes.
Background Information:

“Strengthening Accountability Mechanisms in Public Finance” project is funded by the Government of the Kingdom of Norway and implemented by the UNDP Serbia.

The project lasts 24 months with four main outputs:

Output 1: Upgrading and enhancing transparency of the public procurement system.
Output 2: Efficient implementation of laws within the competency of the Commissioner for Information of Public Importance and Personal Data protection enabled.
The activities under this output are:

  • Support Commissioner's office in training and continuous coaching of the responsible national institutions in implementation of the Law on Free Access to Information of Public Importance and the Law on Personal Data Protection;
  • Capacity development actions for Commissioner's office staff;
  • Strengthening regional ties between sister institutions in SE Europe;
  • Outreach and communication of Commissioner's office and providing policy advice to Commissioner's office in identified areas;
  • Strengthening ties with the Parliament.
Output 3: State Audit Institution’s capacity to produce audit reports enhanced.
Output 4: CSO and media capacity developed to actively participate in the control and monitoring of the use of public funds.
Tasks envisaged by this ToR contribute to the Output 2. They will be performed as an activity providing hands-on assistance to the Commissioner in the implementation of Law on Free Access to Information of Public Importance.

Duties and Responsibilities
Scope of Work:
Under the project “Strengthening Accountability Mechanisms in Public Finance” UNDP will contract an international consultant to produce a comparative analysis of the legislation and practices pertaining to the access to information for research purposes. The practice of at least 10 legal frameworks, including that of the European Union, as well as of countries with developed legislation and practice vis-à-vis freedom of information and the use of information for research purposes should be analysed.
The Commissioner has been receiving an increased number of complaints related to denial of access to information by institutions, such as courts, in cases when the information was requested for the purposes of scientific, policy-related and other types of research. The denials refer both to the requestor gaining insight into the documents in camera and receiving copies of requested material for study outside of the institutional premises.
While there may be a legitimate need to protect information from the public, researchers still need insight into such information in order to conduct their research. However, the approach which allows researchers access to information otherwise protected from the public, unless adequately tailored, may lead to differentiating among the ‘types’ of requestors, or even imposing an obligation for an information requestor to justify the purpose. Both approaches are conflicting with the fundamental freedom of information principles.
Therefore, in order to strike an appropriate balance between freedom of information and legitimate limitation of the right on the one hand, and the need for researchers to access restricted documents on the other, the Commissioner wishes to obtain the analysis of international and comparative legal framework and practice, in particular the EU regulations and standard setting pertaining to the treatment of the requestors of information needed for scientific and other types of research.
The comparative analysis will encompass legislation pertaining to free access to information, personal data protection and/or other relevant legislation in order to adequately assess whether access to information should be granted if necessary for research purposes and if so, under which conditions access to information may be granted. The comparative analysis should include the following regulatory frameworks: EU, 5 EU Member States and 4 Non-EU Member States. The expert will set the research questions and the method for the analysis in cooperation with the Commissioner, according to the Commissioner’s needs.
The analysis will be published on the Commissioner’s website (both in the Serbian and the English language version) and may be offered as reference material to the responsible public bodies, expert community and the general public.
The consultant will be engaged during the period of 20 February, 2012 until 20 April, 2012.
Deliverables and Timeline:
The international consultant is responsible for the following deliverables:
  • Deliverable 1: Draft version of the analysis (in English) prepared and accepted by 20 March 2012;
  • Deliverable 2: Final version of the analysis (in English) prepared and accepted by 20 April 2012.
All deliverables will have to be quality reviewed and accepted by the Programme Manager.

Competencies
  • An excellent knowledge and understanding of regulation and practices pertaining to freedom of information, personal data protection and access to information for research purposes across countries;
  • Familiarity with the relevant laws in the Republic of Serbia, as well as familiarity with the competences and the work of the Commissioner for Information of Public Importance and Personal Data Protection;
  • Excellent writing skills; ability to express complex legal practice in a clear, comprehensive and instructive manner in writing;
  • Excellent analytical skills;
  • Good IT literacy, including word processing, use of database information, and the Internet.

Required Skills and Experience

Education:

  • MA degree in Law, Political Science, Sociology or similar. An advanced degree would be an asset.

Experience:

  • A minimum of 5 years of professional experience in the domain of free access to information;
  • Published or developed knowledge products such as books, articles, research papers, toolkits, guides, policy papers etc, preferably in relation to the topic of free access to information and personal data protection.

Application Procedure:

The following are steps for on-line application:
Submit the application (as listed below) via UNDP web site www.undp.org.rs under the heading “Work with us/Vacancies”:
  • Letter of Interest containing the following information:

(i) Explaining why the candidate is the most suitable for the work

(ii) Provide a brief methodology on the approach to the work and how it will be conducted (max. 300 words);

  • Updated and signed P11 (PDF format);
  • Financial offer;
  • List e-mail contacts of three referees in P11 (section 26 & 29). Alternatively actually signed three recommendation letters could be provided.
Additional Information:

For more details related to the consultancy please refer to link http://www.undp.org.rs/?event=public.jobs.

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.

Expert – A comparative legal analysis of access to information for research purposes

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