Election Commission Secretariat Identification System for Enhancing Access to Services (IDEA) Project

Transcription

1 Election Commission Secretariat Identification System for Enhancing Access to Services (IDEA) Project No. BEC/IDEA/Procurement/S4/ Date: July 29, 2012 Request for Expressions of Interest (Reinvitation) International Legal Consultant (Package S4) The People s Republic of Bangladesh has received a credit (4938-BD) for Identification System for Enhancing Access to Services (IDEA) project from the World Bank (WB). The project s objective is to establish a secure, accurate and reliable National ID system in Bangladesh. The IDEA project of the Election Commission for Bangladesh (EC) intends to apply part of credit to cover eligible payments for the services of an individual International Legal Consultant. The Consultant will provide an overview of current international practices with regard to developing a legislative framework for operation of the NID system and identify gaps in the National Identity Registration Act, 2010; and associated regulatory framework and make recommendations regarding updating the Act and regulatory framework. Qualifications & Experience The consultant shall be a legal specialist of high international repute with relevant international experience (minimum 12 years) in legal aspects of the ID schemes including privacy and data protection law, e-commerce/authentication, cyber-security, particularly in developing countries, The consultant should have a strong background in law, experienced in the operation of national ID schemes or similar, privacy law, ICT law (including e-commerce (digital authentication), e-government, cyber-security (including cybercrime) and information management) and legal drafting. The Consultant/ will have proven relevant experience in similar projects and must be able to demonstrate practical experience advising on privacy issues arising in the context of a National ID Scheme or similar.. Assignment Duration & Selection Procedure: The total duration of the assignment is estimated to be about fifteen (15) weeks and likely to commence in September The consultant will be selected in accordance with the procedures set out in the World Bank s guidelines, Selection and Employment of Consultants under IBRD Loans and IDA Credits and Grants (January 2011, and also in accordance with the Public Procurement Rules Complete EOIs must be submitted to the following address by August 23, EOIs must mention the interest in the assignment and must include an updated professional resume. Interested consultants may obtain further information, including the detailed Terms of Reference (TOR) from the address below during office hours and from the website. AKHTARUZZAMAN SIDDIQUE Brigadier General, Project Director Identification System for Enhancing Access to Services (IDEA) Project Election Commission Secretariat Islamic Foundation Building, Agargaon, Dhaka Phone : , Fax : , pdideaec@gmail.com website:

2 PEOPLE S REPUBLIC OF BANGLADESH ELECTION CMMISSION SECRETARIAT IDENTIFICATION SYSTEM FOR ENHANCING ACCESS TO SERVICES (IDEA) PROJECT Terms of Reference for International Legal Consultant (Package S4) 1. Background The Identification System for Enhancing Access to Services (IDEA) Project of the Election Commission for Bangladesh, hereinafter referred to as the EC, is the second phase of Bangladesh s long-term drive for building a National ID scheme. The World Bank is supporting the IDEA project. In combination with potential reforms in the service sectors (which may be prompted in part by the potentially greater transparency and accountability resulting from use of National IDs), the National ID system is expected to transform the way in which citizens interact with the Government in the receipt of services. The IDEA Project builds on the Preparation of Electoral Roll with Photographs Project implemented by UNDP. This project brought about greater transparency and reliability in the identification of voters and, inter alia, provided important building blocks for developing a National ID system were put in place. These include: a database comprising 87 million voting-age citizens, experience with the issuance and updating of a simple voter ID card, construction of nearly 600 upazila-level offices, and associated management experience. The National ID system was a key factor in ensuring the credibility of the elections which were subsequently lauded by many. A full-fledged National ID system is expected to bring several benefits. The verification capacity of a system could counter leakage in the provision of a wide range of government benefits if combined with other reforms to reduce discretion and integrate ICT for better business process. Unique identification of citizens will allow all public service entities to build and maintain much more reliable databases regarding recipients which in turn could provide better grounds for policy making, targeting of benefits, and record-keeping in general. Enhanced ID cards will be able to be utilized directly in delivery of benefits further guarding against leakage and improving targeting. Finally, as evidenced by the success of the existing simple voter ID cards, the distribution of quality ID cards as a secure means of identity proof is a tangible measure of recognition of individuals by the government and contributes to increased confidence among citizens in the State. Amongst other things, the IDEA Project is focused on building robust legislative and regulatory framework that will regulate the operation of the system, particularly issuance of ID cards with robust security features, developing capacity to provide identity verification services, and developing capacity for eligible service provider to use the ID system for approved purposes in order to improve efficiency and transparency. The Project also includes a component focused on supporting the development of a legal and policy framework governing (a) the issuance and ToR of Intl Legal Consultant S4 Page 1

3 updating of identification numbers for Bangladeshi citizens; (b) maintenance of the database of identification numbers and associated biographical data; and (c) the utilization of this database for identity verification and other purposes by public and private service providers. A National ID and Registration Act was adopted in early 2010 (the Act ) which provided the legal framework for the NID including the designation of a National ID and Registration Wing (NIRW) within the EC with authority to administer the NID System. As part of the legal framework reform and development process, the EC, wishes to review the applicable enabling legal and regulatory framework surrounding the NID system with a view to enhancing that enabling framework through the introduction of appropriate rules and regulations to give effect to the NID system taking into consideration Bangladesh s legislation as well as international best practice, including on issues of privacy as far as practical,, access to the information by different categories of potential users (including government agencies), responsibility for integrity and currency of data, and overall system security. Hence, advice from an international consultant with considerable expertise and knowledge is sought to help the GoB review and advise on the legislative and regulatory package needed to implement the NID scheme. 2. Objective The objective of the Consulting services is to review the National Identity Registration Act 2010 and the development of a comprehensive legal framework for the operation of the NID system. 3. Scope of Work Prior to the assignment, the individual legal advisor, herein referred to as Consultant will review and become familiar with the IDEA Project, the current state of development of the National ID System, including the relevant institutions, as well as applicable laws, regulations, instruments, policies and agreements. Previous reports and documents regarding reform and development of the legal and regulatory framework governing the National ID scheme will be made available. The Consultant will be expected to review the following materials: 1. Article 119 of The Constitution of the People's Republic of Bangladesh (fifteenth amendment, 2011); 2. National Identity Registration Act, 2010; 3. Draft National Identity Registration (Correction of information and data) Regulations, 2011; 4. Draft National Identity Registration (Other use of information and data) Regulations, 2011; 5. Draft National Identity Registration Rules, 2011; 6. The proposed National Identity Registration Amendment Act, 2011; and 7. The World Bank Project Appraisal Document for the IDEA Project, dated April 14, 2011 and other relevant updated documents. ToR of Intl Legal Consultant S4 Page 2

4 The Consultant will be expected to provide an overview of current international practices with regard to developing a legislative framework for operation of the NID system and identify gaps in the Act and associated regulatory framework and make recommendations regarding updating the Act and regulatory framework. The Consultant shall review the draft Regulations and Rules (listed above) and make recommendations regarding the revision of those instruments and, as appropriate, the preparation of new or additional regulatory instruments as appropriate for the implementation of the National ID System. In preparing recommendations and, as appropriate, preparing new or additional legislative and regulatory instruments, it is expected that the Consultant will address the following substantive issues: 1. Data protection and security, data management, and ensuring privacy, including developments and trends in other jurisdictions and the need of individuals for privacy protection in an evolving technological environment; 2. Current and emerging international law and obligations in this area; 3. Legal issues impacting on the development and operation of the NID System, including digital authentication (electronic/digital signatures), legal recognition of electronic transactions/commerce, cybercrimes, cyber-security and e-government; 4. The desirability of minimizing the regulatory burden on Government and Private Sector in this area; 5. Any relevant Constitutional Law issues; and 6. Any other related matter of law as directed by the NID Wing of the Election Commission. The Consultant shall be at liberty to propose other legislation or regulatory instruments, including amendments to existing laws and regulations, which the Consultant deems necessary for Bangladesh to implement the IDEA Project, consistent with international best practice. The following work is anticipated as part of this consultancy: 1. Legal research and presentation of how substantive issues are handled in other countries legislation 2. Advising the EC/NIDW on legal requirements throughout the process; 3. Convening and facilitating one or more stakeholder consultation meetings; 4. Reviewing proposed revisions to the Act pursuant to the National Identity Registration Amendment Act, 2011; 5. Consultation with a local legal practitioner conversant with the legal environment prevailing in Bangladesh, including local drafting practices and Constitutional Law. ToR of Intl Legal Consultant S4 Page 3

5 6. Preparing recommendations regarding laws, regulations and rules to govern the National ID System; 7. Legislative drafting and production of draft Rules and Regulations and, as appropriate amendments to the Act; 8. Report writing; and 9. Any other related tasks as directed by the EC from time to time. 4. Deliverables, Timetable and Administrative Arrangements Key deliverables for the assignment are listed below: Deliverables Completion Time from the date of contract signature Inception Report Draft Report on options and issues for the NID regulatory framework Public Consultations on Draft Report Final Report, including recommendations and draft language, as is necessary One (1) week Three (3) weeks Five (5) weeks Six (6) weeks The consultant should also as a result of his/her initial due diligence include in his/her Inception Report any recommendations of other issues, laws or regulatory instruments that in his/her view should be included as part of the legislative reform package to be considered by Government. The Consultant will be expected to prepare succinct and relevant documentation to support all recommendations, and to discuss recommendations with stakeholders in-country. All reports will be in the English language, and must be provided in MS Word, Excel and PowerPoint format, or equivalent. Draft versions of deliverables must be submitted electronically and successive versions of reports marked to show changes from the previous draft(s). The assignment will commence between September 2012 and October 2012 with due consultation with the selected Consultant. The Consultant will report to, and work in close consultation with, the Project Director, IDEA Project, NID Wing and other EC senior officials. Meetings will be arranged with other Government departments, communities and stakeholders. The Consultant must treat all documents and communications under this engagement confidentially. ToR of Intl Legal Consultant S4 Page 4

6 5. Profile of the Consultant It is expected that an individual with international expertise, strong technical competence relevant to the subject matter, knowledge and repute of good standing shall undertake this assignment. The consultant, by requirement of this ToR, should have a strong background in law, experienced in the operation of national ID schemes or similar, privacy law, ICT law (including e-commerce (digital authentication), e-government, cyber-security (including cybercrime) and information management) and legal drafting. He/she must be a legal specialist of high international repute with relevant international experience (minimum 12 years) in legal aspects of the ID schemes including privacy and data protection law, e- commerce/authentication, cyber-security, particularly in developing countries. The Consultant/expert will have proven relevant experience in similar projects and must be able to demonstrate practical experience advising on privacy issues arising in the context of a National ID Scheme or similar. The Consultant must consult a local legal practitioner conversant with the legal environment prevailing in Bangladesh, including local drafting practices and Constitutional Law. 6. Obligation of the Consultant The Consultant is expected to be fully self sufficient in terms of office space, supplies, communications, computers and transport during any assignment he/she is expected to discharge. The Consultant is expected to be readily available throughout the period of the review and shall discharge his/her responsibilities with diligence and to the expected professional standards, skills and integrity. 7. Obligation of the Client (EC) The EC/NIDW will provide access to reference materials and relevant existing reports, data and information that may be required by the Consultant. The EC will also facilitate access to other Government offices, private and public enterprises as appropriate. EC Secretariat staff will also be available for interview and discussions to enable the Consultant to carry out the assignment efficiently. ToR of Intl Legal Consultant S4 Page 5