Editors:
Version | Writer | Editor | reviewer |
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v.01 | Mark Lizar | ||
v.02 | Mary Hodder | ||
v.03 |
v.02 Mary Hodder
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John Wunderlich | |
v.04 | Spec Outline: Mark Lizar |
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PDS Walkthrough: Markus Sabadello | John Wunderlich |
v.04
v.04 Written Mark Edited by, Reviewed By
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- (Former user (Deleted) insert screen shot here)
- John Wunderlich edit
Related Documents:
- CISWG: Consent Requirements Map: (spreadsheet of laws/principles for receipt and data control R&D)
- Latest Consent Receipt Template
- Hackathon Video and Convergathon Hack Notes from July 12&13 2014 -->
- Scale of Compliance to measure the legal compliance of a consent receipt
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Respect Network (RN) Technical Demo:
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- Store a Consent Receipt in your RN personal cloud using XDI: http://amazon-respect-consent.herokuapp.com/
- List Consent Receipts in your RN personal cloud: http://open-notice.github.io/respect-network-receipts/
Overview
This is a specification to develop an open consent notice protocol for trusted services. The specification combines legal, technical and social consent elements and records them in a transparent manner.
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Specification Design Notes
Specification by example (SBE) is a collaborative approach to defining requirements and business-oriented functional tests for software products based on capturing and illustrating requirements using realistic examples instead of abstract statements. It is applied in the context of agile software development methods, in particular behavior-driven development. This approach is particularly successful for managing requirements and functional tests on large-scale projects of significant domain and organisational complexity.[1] (https://en.wikipedia.org/wiki/Behavior-driven_development)
A key aspect of specification by example is creating a single source of truth about required changes from all perspectives. This latest version specification with this document title is the single source of truth.
Objective
The aim of the specification is to increase usability and the legal compliance of consent. This means that:
- An organization can use the MVCR to self assert that they are providing notice and getting implied consent in compliance with their policies and applicable regulations
- An service user (individual) can save the MVCR to a personal cloud and self assess if the receipt is compliant with the policies and practices of the organisation
Interoperability & Scalability
- Interoperable: the common format provide a common structure for the consent provisioner (the individual) to mange consent globally
- Open Notice is currently working on an open source: Open Consent Registry (OCR), which will be a customisable registry that can be use to automate the functions required to process and use consent receipts at scale.
Background
The Open Notice Initiative is an effort that calls for open consent (http://opennotice.org/callforcollaboration). This has resulted in the development of this specification for a Minimum Viable Consent Receipt(MVCR).
Glossary
Minimum Viable Consent Receipt(MVCR)
Consent Receipt (CR)
Data Subject(DS)
Data Controller(DC)
Trusted Services; A provider of Trust/Privacy Icons, Standard Assurance, Reputation Services, Trusted Network, Trusted Protocols,
Minimum: (in Minimum Viable Consent Receipt) means to only include only the fundamental links needed to gain transparency and make further usable the consent receipt for consent and identity management.
Viable: (in Minimum Viable Consent Receipt) refers to the utility of the receipt being transparent. (Note: wether the receipt is compliant legally is a secondary factor to producing a record of consent)
Minimum Viable Consent Requirements
By its format and structure the MVCR is intended to provide the basic information to review further the compliance of policy for consent. The MVCR is a format for an organisation to link, capture and sign existing (required-to-be open) policy information for consent. The receipt is intended to provide a structure to capture all the consent provided (cookie, terms, privacy policy) at the time of consent enabling the data controller to provide a compliance by default receipt. (as seen in Walkthrough 1)
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A MVCR with a complaint status will assure a basic level of general regulatory compliance with a much higher usability. It will do this by being digitally represented, digitally accessible, providing at the minimum a clear way to find the Data Controller contact, required address, and purpose(s) of consent as a standard format. This format can then be audit for these data points at a glance, with one click access to all consent related policies by default. This can further be enhanced with organisation integrated trusted services (icons and links) to be added to the receipt. These trusted services, for instance privacy icons or Terms of Service, are then used to further extend the usability and increase the control of consent and trust it provides.
MVCR: Notice Elements
Minimum: means to only include only the fundamental links needed to gain transparency and make further usable the consent receipt for consent and identity management.
Field Name | Description | Purpose/Explanation | Reason Why This Field is Required | Cloud Receipt Capture & Sign: Format example in (XDI) Note: following lines all prepended with ([=]!:uuid:1111/[+]!:uuid:9999) |
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Data Subject | Name or pseudonym of the user at minimum, | Data Subject is primary party to consent | Is the consent contributor and primary party of the consent, (which is why this is the first field of the MVCR) if not signed by Data Subject then its use post consent may be limited. | Data Subject: Alice [=]!:uuid:1111 |
Address (and jurisdiction) of Data Controller | Name of the entity issuing the receipt | Should be the entity/organization that is in control of the personal data and is responsible for consent compliance. | Is the Data Controller and is the primary party responsible for administration of the consent | Data Controller: Amazon [+]!:uuid:9999 |
Purpose | The purposes for which the personal information is being collected. | this is a single purpose at minimum linked to the short purpose notice, or policy of purpose. | A purpose notice is a basic and common legal requirement and functionally a requirement of consent. | [#receipt]!:uuid:1234[<#purpose>]<@0>&/&/"We need to process your payment." [#receipt]!:uuid:1234[<#purpose>]<@1>&/&/"We need your data to prevent fraud." [#receipt]!:uuid:1234[<#purpose>]<@2>&/&/"We will advertise to you." |
Location of Consent | The location of the consent provision. from which the consent receipt originates.(For example the web page with the consent button. ) | This indicates the 'point of consent' - hopefully a button where the user clicked "I agree" or "I consent" (i.e. the biggest lie) Can be a URI, URL, URN, This can also be a physical space where surveillance legal notice requirements exist (EU) - Global Positioning System (GPS) |
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Sensitive | Flag to categorise the information collected as sensitive or not (Y/N) | Medical, financial information for example | ||
Third Party Sharing | Flag whether data is shared with third parties. (Y/N) | If true, then compliance is dependent upon additional notice requirements not present in a MVCR. This can be addressed with the "Third Party Sharing" extension. | For example: Third Party Sharing (N) - Unless purpose is explicitly stated on the receipt. (in demo purpose is shared | |
Timestamp | When consent was obtained | To record when the user, either by implication or explicity, granted consent for the purposes described. | ||
Privacy Policy | The issuing entity's privacy policy (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing | Is the minmum Policy (or short notice) Needed to create a consent receipt. | |
Context | Flag wether the Operational Requirements are present or not. (Y/N/Unknown) | For the presentation of consent there are contextual and prescriptive requirements in legislation, a check list of these elements is being crated in this draft below. (this list is living draft ) | Consent has contextual compliance requirements for the notice to be sufficent. These depend on the location of the consent and data subject. An organisation can agree to add address this list when implementing the consent receipt. |
Notice Legal Requirements Included for the MVCR Format (in progress)
Notice Requirement | Description | UK UK DPA 1998 | EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML | USA | Canada |
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Contact of DC | |||||
Address of DC | |||||
Purpose(s) | |||||
Third Party Legal Requirements | This is a flag to see if additional notice extensions are requirements to assess compliance | ||||
Sensitive Personal Information |
Context: Operational Context Legal Requirements for MVCR Context (in draft and not yet completed)
Each jurisdiction has prescriptive text which need to accompany specific types of consent as well as legally written terminology for these requirements. With notices there are also contextual and prescriptive requirements in legislation, a check list of these elements is being crated in this draft below. (this list is a draft
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Note: also requires specific text to accompany a notice at the point of consent, which may vary depending upon legal jurisdiction and context.
Extensions for the MVCR
Open Consent Notice Extensions
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An extension can be written to strengthen the compliance of a consent receipt, 3rd party trusted services can also be used to extend the compliance or trust inherent to corporate process and these can be added in the form of linked Icons to the consent receipt.
MVCR Proposed Extensions (in draft not yet completed)
These are the extensions tables. This is an active list of extensions being planned and/or developed need to include the name of the filed, have a description, context, benefit, and examples.
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Policy Extension | ||||
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Extension Example: Third Party Sharing Extension V.1
This incorporates 3rd party sharing and purpose listing format
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- Categories of personal data shared & (or)
- Name of third party shared with
- Purpose of sharing
- Link to third party CR & Policies
Trusted Services
Trusted services/networks and frameworks, can be used to meet or exceed notice(and therefore consent) legal requirements. Or to address the need for assurance and trust for people so that consent and its management can be automated and more usable.
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Draft Trust Services Auditing Compliance Scale
Type of Trust Framework - Consent Policy Format
Personal Policy Preference Consent Extension Location
Trusted Service Provider Examples Tracker: Analytics etc:
Cookie Do Not Track browser header cookiepedia, privacy clearing warehouse, Ghostery Terms of Use Policy
Agree to terms TOS;DR, Citizen Me Policy Tracking Services Policy Comparison Has terms materially changed ( is consent still compliant? ) TOSBack Consent Type What kind of consent has been received To record the type of consent or whether there is an exception to the requirement for consent. Reputation
Trust Framework (all trust services provide reputation) Privacy Icons
Pictorial Short Notices Disconnect Me Capture of Personal Preference at Time of Consent Does the issuing entity acknowledge DNT If not available, should provide a notice that it is missing Data Control Protocol
User Managed Access Trusted Network Service
Respect Network Standards
Certificates
TrustE Levels of Assurance KI: Identity Assurance Framework
Usability: MVCR Provision Example
The MVCR has a base template that is being updated all the time.
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We have a template that we are using for the technical design of the consent receipt, the GUI design is also out of scope. What is provided by default is a Consent Receipt Template that we are using for technical design.
Open Notice Consent Receipt Example
(Example (in progress) can be found at http://on.smartspecies.com/support-open-notice/
(******SCREEN SHOT HERE***)
Storing Receipt in Personal Data Store: Technical Walkthrough Example with Respect Network
Amazon Respect Use Case: With the Respect Network and Open Notice
(Note: Amazon Respect is a Fictitious organisation used here only as an example)
(http://open-notice.github.io/consent-receipt/amazon-mock/signup.html)
Implementation of consent receipt which is signed & created by a DC and stored in a personal Cloud.
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MVCR Mock Up for Amazon Respect Use Case
Legal: Compliance Audit & Scale
MVCR Compliance Audit
Each field on the MVCR contains legal notice requirements, each of these components are listed in and the presence of these are counted and a flag is added to record if any of these self asserted claims have been disputed and not resolved.
The MVCR has a maximum rating of compliant. Additional Ratings are possible with extensions.
Notice Compliance Checklist | Non Compliant | Partially Compliant | Compliant | Above Compliant | Trusted | User Managed |
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Contact of DC |
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| X |
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Address of DC |
| X |
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Purpose(s) |
| X |
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Sensitive Data (If NO) |
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| X |
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Share with 3rd Party (If No) |
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| X |
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Any of the above self asserted is Disputed or un verifiable (Y/N Flag) (If No) ( if Yes and unresolved = Non-Compliant) | X |
MVCR Compliance Scale
The compliance scale is the social aspect of the MVCR Specification. The scale provides a simple icon for a universal measure of MVCR compliance.
Summary of Benefits to MVCR
- Transparency: The MVCR receipt is a common format for the legally required policies which provide notice. links to all notices and demonstrate a much higher level of minimum viable notice (for consent) legal compliance. This standard is intended to augment the existing legal notice and consent infrastructures that is already in place and reward greater transparency of consent. .
- Extensible: The MVCR Spec is intended to be easily extensible and auditable, with a jurisdicitional legal compliance audit built in for making transparent legal context and controls of a consent transaction. Meaning that consent legal notice requirements are different by jurisdictions, industry, for various sensitive data types, for sharing to 3rd parties, tracking (cookie consents), in additional to personal and contextual consent preferences of the individual. Extensions are notice requirements layered onto this MVCR format to meet and match legal requirements and trust frameworks to address cross jurisdictional management of consent.
- Trusted Services Vehicle: A receipt passed to the service user at time of consent provides a legal trust framework to build upon. As a result it is the MVCR is intended as a vehicle for delivering trusted services to the individual. A stakeholder can utilise trust services, which are then linked to the receipt, which further extend the compliance and "fast track" usability of consent and identity management by using a spec compliant receipt. Eg.privacy icons, TOS reputation, certifications, trusted networks, and protocols
- MVC is intended to be an all purpose consent process enhancement.
- This MVCR specification is intended to be used so any organisation can implement the spec and provide a MVCR.