The assessment shall examine the extent to which existing national legislation supports the lawful collection, processing, retention, sharing, and protection of personal and biometric data within MIDAS.

The consultant shall:

• Review the legal and institutional framework governing border management and migration governance in Lesotho.
• Assess the adequacy of the legal basis for the collection, processing, storage, retention, transmission, sharing, protection and lawful use of personal and biometric data for border management purposes.
• Evaluate the alignment of the national framework with applicable constitutional protections, international human rights obligations, regional commitments and international data protection principles.
• Assess the legal, regulatory and institutional arrangements governing interoperability and information-sharing between relevant national systems and institutions.
• Identify legal, regulatory, policy, and institutional gaps that may affect the effective governance of border management data and the sustainable deployment of MIDAS.
• Develop recommendations and a roadmap to strengthen the legal, regulatory and institutional framework governing border management data.

The scope of work includes:

1. Review of the Legal and Regulatory Framework: Conduct a detailed review of relevant constitutional, legislative, regulatory, and policy instruments governing border management, migration management, identity management, data protection, privacy, information management, cybersecurity, and related areas.
2. Stakeholder Consultations: Undertake consultations with relevant governmental and non-governmental stakeholders involved in border management, migration governance, identity management, data protection, information and communications technology, law enforcement and national security.
3. Assessment of Institutional Arrangements and Data Governance Frameworks: Examine the mandates, functions and responsibilities of institutions involved in the collection, management, sharing, protection and oversight of border management data.
4. Assessment of Information sharing, interoperability and cross-border data exchange: Assess the legal, regulatory and institutional arrangements governing the exchange of border management data within and between competent national authorities and with external partners.

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