Consultant

Summary

Join Global Fishing Watch as a consultant to conduct a comprehensive analysis of Brazilian legislation on privacy and transparency, focusing on its implications for the fisheries sector. The analysis will examine the intersection of data privacy laws (like LGPD) and the need for transparency in identifying beneficial owners of fishing vessels. You will explore legal frameworks governing UBO data collection, sharing, and publication, identifying potential conflicts. Based on this analysis, you will provide actionable legal and policy recommendations to promote the collection and public disclosure of beneficial ownership data, balancing privacy protection and transparency. The work will involve desk research, legal analysis, and exploring international best practices. The final report will inform actions and decisions by the Brazilian government. The project is expected to take 6-8 weeks and has a budget of up to US$10,000.

Requirements

• Have an in-depth knowledge of national policies related to fisheries, maritime governance and marine biodiversity in Brazil, with a specific focus on data privacy and confidentiality issues
• Have advanced project management skills
• Possess a high level of organization and written and verbal communication skills
• Have experience conducting respectful interviews with individuals from diverse backgrounds and cultures, particularly in contexts involving sensitive topics such as ultimate beneficial ownership in the fisheries sector, ensuring that all information will be treated with the utmost confidentiality and in compliance with privacy regulations

Responsibilities

• Conduct a comprehensive analysis of Brazilian legislation related to privacy and transparency, with a particular focus on its implications for the fisheries sector
• Delve into the intersection of data privacy laws, such as the LGPD, and the need for transparency in identifying beneficial owners of fishing vessels
• Explore the legal frameworks that govern the collection, sharing, and publication of UBO data, identifying potential gaps or conflicts that may hinder the disclosure of such information
• Review and analyze relevant Brazilian laws, including but not limited to the LGPD, LAI, Anti-Corruption Law and other open data regulations (e.g. Brazil's Digital Transformation Strategy) and fisheries-related regulations
• Incorporate an assessment of regional legal frameworks and international commitments, such as the Organization for Economic Cooperation and Development guidelines and standards that influence Brazil's approach to transparency and data privacy in fisheries governance
• Examine how Brazil's LGPD and AIL and relevant laws and regulations operate together, especially in relation to beneficial ownership data
• Identify conflicts (e.g., when privacy protections clash with transparency requirements) or overlaps between privacy and transparency requirements within national, regional, and international contexts, with a focus on their implications for fisheries management and governance
• Assess the feasibility of disclosing beneficial ownership information for fishing vessels under the current legal frameworks, including national fisheries registration systems
• Research international best practices in balancing privacy and transparency, particularly in fisheries management
• Analyze how countries with similar privacy laws have addressed the disclosure of beneficial ownership data in fisheries
• Identify legal challenges or gaps that may prevent the effective collection, sharing, and publication of beneficial ownership information in Brazil's fisheries sector (e.g., insufficient clarity in laws or conflicts between privacy and transparency)
• Analyze the potential operational challenges, such as data verification, collection, and data sharing between stakeholders
• Recommend legal interpretations or amendments that could facilitate the collection and publication of beneficial ownership information for fishing vessels while respecting privacy laws
• Propose policy solutions that would encourage or mandate the disclosure of beneficial ownership in the fisheries sector, ensuring compliance with national privacy laws and international transparency standards
• Outline actionable steps for advancing the collection and publication of beneficial ownership information in the fisheries sector
• Suggest practical frameworks for collaboration between government agencies
• Develop a Desk research report: A landscape analysis will be conducted to generate a summary report that outlines

Preferred Qualifications

Proposals from teams of consultants are also welcome