Terms of Reference: Data Protection and Consent Sharing Consultant, Practical Action

Practical Action is a change-making organization that works in unconventional ways. We bring people together in bold collaborations, using knowledge and innovation, to build futures free from poverty and help shape a world that works better for everyone. We put ingenious ideas to work so people in poverty can change their world.

We are an international development agency with more than 50 years’ experience in development and scaling of a range of technologies appropriate to the needs of the poor. Working throughout Africa, Asia and Latin America, Practical Action improves the lives of around one million people every year through access to energy, sustainable agriculture, water, sanitation, hygiene and waste management, and disaster risk reduction.

We are a trusted partner of many communities, governments, development agencies and the private sector. We are uniquely placed as a knowledge broker with a breadth of capacities which enable us to capture and share knowledge in relevant ways for our diverse audiences.

We are influential at national level where we work, and globally and considered a “go-to” agency by those seeking to improve lives for men and women living in or vulnerable to poverty.

Our vision is a world where all people have access to the technologies that enable them to meet their basic needs and reach their potential, in a way that safeguards the planet today, and for future generations.

In pursuit of our Vision and Mission, we are committed to advancing gender equality and women’s empowerment through all our work including programmes, knowledge sharing, advocacy, external communications, and also through our own organizational development, working closely with public and private sector actors.

Integral Media Limited (IML) is a publishing and digital development firm specializing in development and deployment of interactive media, including web dashboards and mobile applications.

2. Background

Practical Action, in partnership with IML, was recently awarded a grant by EnDev to implement the Digitizing Clean Energy Sector Service Delivery Ecosystem in Marginalized Regions of Kenya (“DCE Kenya” or DCE-K). This project is aimed at increasing access to clean energy for marginalized communities. The project will take a digital approach to tackling systemic value chain challenges, through deployment of Yakazi Network, a suite of mobile apps and online dashboards that connect different stakeholders and provides a platform for sharing opportunities, upskilling, networking and e-commerce across sectors.

The intervention will focus on two counties in Kenya – Narok and Baringo counties. This intervention aspires to:

• Promote digitization of the clean energy (CE) sector, with a focus on off-grid lighting and clean cooking solutions.
• Empower youth and women to pursue livelihoods in the energy sector.
• Create a sustainable supply system of qualified technical personnel accessible “on demand” via geo-location on a mobile application and also enable user ratings.
• Strengthen information flow and connectivity among different actors.
• Upgrade the capacity of last mile entrepreneurs.
• Upskill technical personnel and enable digital peer networking and work referrals.
• Create awareness on clean energy products via the digital platform.
• Avail product and troubleshooting information to end-users in audio format.
• Target, mentor and serve last mile end-users via a mobile application and podcasts

The initiative is an ambitious service delivery system overhaul, and the first of its kind in the energy sector in East Africa. It promises a paradigm shift in how information flows, key stakeholders are inter-connected, business support services are delivered, tools and equipment accessed, and technical personnel are trained, deployed, found and engaged by both energy companies and end-users. It will lead to increased energy access, work and business opportunities for youth and women (100 jobs created, 10 existing and new Last Mile Entrepreneurs (LMEs) supported and increased incomes for women and youth-owned CE enterprises.

3. Objective and Scope

The overall objective of this consultancy is to support Practical Action Kenya and Integral Media Ltd in developing guidelines on the DCE-K data protection and sharing for the DCE project operations in Kenya.

3.1 Specific objectives of the assignment

Reporting to the DCE Project Manager and working in collaboration with IML’s Chief Technical Officer, the consultant will:

3.1.1 Conduct an Assessment of DCE-K data requirements

• Map the project’s potential/necessary input and output data.
• Demarcate the data sets between personal and non-personal data.
• Clearly identify the data sets that falls under the purview of Kenya’s Data Protection Act.

3.1.2. Undertake gap analysis of DCE-K data protection and sharing protocols.

• Map potential DCE-K data consumers, in raw or derived formats.
• Map DCE data acquisition, processing, transmission, sharing and retention processes.
• Identify risks associated with personal data handling in the context of (i) and (ii) above.
• Identifying gaps between DCE-K data handling plans and best practice.
• Develop an action plan to reduce existing compliance risks and to enhance compliance

3.1.3. Draft data protection and consent sharing policies/guidelines

• Review all Yakazi Network Terms of Use and Privacy Policies and make recommendations to enhance Compliance with the Data Protection Act (2019) and the Practical Action Group Data Protection policy and guidelines.
• Advise appropriate cookie policies and implementation actions.
• Develop data sharing consent processes and templates, and advise on how they may be digitally implemented

4. Reports and Deliverables

The assignment will be carried out over a 2-month period.

Successful performance of this assignment will be based on the production and timely submission of the following reports and deliverables:

• A detailed inception report and work plan
• Draft assignment report with all deliverables covering the specific objectives of the
  assignment
• Finalized report with all deliverables covering the specific objectives of the assignment.
• Summarized advisory PPT of the findings and recommendations (10-20 PPT Slides)
  The final reports/deliverables will be submitted via email to the DCE Project Manager with a copy to IML’s Chief Technical Officer.

The final reports/deliverables will be submitted via email to the DCE Project Manager with a copy to IML’s Chief Technical Officer.

5. Terms of Engagement
Payment for the assignment shall be done in three tranches as indicated below:

• 15% upon presentation of an acceptable inception report and implementation plan of the assignment
• 45% upon facilitation and presentation of an acceptable draft report and deliverables.
• 40% upon presentation of final report, deliverables and 10-20 PPT summarizing the findings and recommendations.

Practical Action will cater for all travel, accommodation and subsistence incurred in the course
of the assignment. This will be done in line with Practical Action policies and upon approval
of costs by the DCE Project Manager.

6. Timeframe
The activities will be undertaken between the months of February and March 2022.

Minimum Qualifications

The consultant will have the following minimum qualifications

1) A degree in IT, computer science, or statistics.
2) Proven experience in developing digital compliance policies
3) Verifiable proof of previous engagements in similar activities/assignments
4) Excellent communication and documentation skills.

How and what to submit

We invite qualified and interested candidates to submit the following:

• A motivational letter addressing the Terms of Reference
• The individual’s profile, with relevant experience
• A concept note of how the consultancy will be implemented including methodology,
  approach and tools for undertaking the assignment
• A tentative budget/Financial proposal
• Three (3) references from past clients