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- List Consent Receipts in your RN personal cloud: http://open-notice.github.io/respect-network-receipts/
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A minimum viable consent receipt to document consent on the Internet is intended to serve the same purpose as a receipt for a cash transaction. It will provide a record of a transaction where notice of intent to process personal information is provide provided and consent for personal data processing is returned. Receiving a consent receipt immediately after a web, mobile or other internet based transaction provides an individual with an opportunity to confirm and, if needed, challenge the collection of their personal information. Similarly, the concept receipt gives the data controller a clear signal as to what they can and cannot do with that person's information. The consent receipt provides protection for both sides against misunderstanding and can demonstrate compliance with regulations in the jurisdiction in which it was issued.
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- Consent notice details can be appended to the MVCR to accommodate different personal data sensitivity, data sharing and additional contextual compliance requirements.
- A context field is a field in the MVCR indicating that there are contextual conditions and exceptions to consent that can be listed and applied by an organisation to the context of receiving consent (e.g. medical emergency overrides). In the MVCR the context is a flag with yes or no. If yes, the provider is stating that they implement a check list of contextual consent requirements. Additional contexts can also be added to a consent receipt.
- Organisations can append trusted services links/icons to the receipt and further extend the assurance provided to capture multiple consent notice types e.g. cookie, terms of use.
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)
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- Interoperable: a common format enables the consent provisioner (the individual) to mange consent globally, interoperability
- Open Notice is currently working on an open source Open Consent Registry (OCR) which will be a customisable registry that automates the functions required to provision, process, update and use consent receipts at scale.
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| Consent Receipt (CR) | A singe record of notice and consent created at the point where consent was provided or deemed to be provided (and the consent receipt should make clear which is the case). |
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| Data Controller (DC) | An entity that processes personally identifiable information on behalf or and in accordance with the instructions of a data subject. |
| Data Subject (DS) | A natural person who is provides consent for the collection, use and disclosure of their personally identiable information. |
| Minimum | A Receipt will contain links to all policies that inform the consent. |
Operational Context of Consent | The list of requirements for notice and consent in the jurisdiction in which the consent is given. |
| Personally Identifiable Information (PII) | Any information that (a) can be used to identify the Data Subject to whom such information relates, or (b) is or might be directly or indirectly linked to a Data Subject. |
Trusted Services | A provider of Trust or Privacy icons, standard assurance, reputation services, trusted networks, trusted protocols, etc |
| Viable | Meets or exceeds regulatory minimum for notice in the jurisdiction where it is issued |
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MVCR enables organizations to self-assert compliance with legislation and their own policies. The open notice (URI) provides this assurance in a transparent manner. To be compliant, a DC provides an auditable self-asserted MVCR which states that the DC will implement the contextual notice requirements listed in that MVCR. Most Data Controllers that identify the information that they collect, specify how it will be used, and that commit to not share personally identiable information with 3rd parties and to not collect sensitive personally identifiable information will be in compliant with most standards. If a DC does share personally identifiable information and/or collects asensitive personal information, an org can develop a custom extension, use an existing standard or register their consent receipt with trusted service providers. Trusted Service providers can provide assurances of to enable compliance with more stringent and complex obligations for sensitive information and/or disclosure.
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MVCR: Consent Notice Fields
| Field Name | Field Description | Field 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 (DS) | Name or pseudonym of the user Data Subject at minimum, | Data Subject is primary party to consent | Is Data Subject is the consent contributor and primary party of the consent , (which is why this is the first field of the MVCR) if 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 (DC) | Name of the entity issuing the receipt | Should be the entity / organization that is in control of receiving the personal data and is responsible for consent compliance. | Is the Data Controller and is the primary party responsible for administration of the consent and consent receipt | Data Controller: Amazon [+]!:uuid:9999 |
| Purpose | The purposes for which the personal information is being collected. | this 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 Personal Data Flag (Y/N) | Flag to categorise the information collected as sensitive or not (Y/N) | Each jurisdiction has classifications of sensitive personal information (privacy): The generally include health, financial, Child Protection, Religious, child protection (>14), youth protection(>19 or >22), educational, religious, Union categorisations | If Yes, then additional notice requirements are needed to confirm its compliance status. If No, then the consent is automatically compliant | |
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. | If Yes, then additional notice requirements are needed to confirm its compliance status. If No, then the consent is automatically compliant | |
| 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. | |
| Operational Context Flag | 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. | Consent has contextual compliance requirements for the notice to be sufficent. These depend on the location and format of the consent notices An organisation displays agreement (or not) to implement these OC requirements and this is reflected on the consent receipt. |
The MVCR Format Notice Requirements are currently in progress. The full reference table can be found here. The table below may not be current.
Notice Requirements A Receipt MeetsMust Meet | 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 For Sharing Personal Sensitive Information with 3rd Parties | Canada | APEC | P3P | FTC FIPPS | OECD FIPPS |
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Contact of Data Controller (DC) | Legally required to provide contact details of the DC | Schedule 1, Part II, 2.3 a)the identity of the data controller, | X | ||||||
Address of Data Controller (DC) | Legally required to provide contact details of the DC | (b)if he has nominated a representative for the purposes of this Act, the identity of that representative, | X | ||||||
Purpose(s) | Legally required to provide purpose for data control | (c)the purpose or purposes for which the data are intended to be processed, and | X | ||||||
Third Party Legal Requirements Transparency | This is a flag to see if additional notice extensions are requirements to assess compliance | (d)any further information which is necessary, having regard to the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair. | X | ||||||
Sensitive Personal Information Collection Transparency | This is a flag to see if additional notice extensions are requirements to assess compliance | X | X |
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Core Extensions
In each jurisdiction, there are sensitive types of personal information found in privacy and data protection law. Each sensitive type corresponds to a jurisdiction, is defined by an industry, and has prescribed context requirements for the use of a notice. Core extensions can be added to the MVCR to meet more complex notice requirements and meet the requirements of multiple regulatory jurisdictions. .
Core extensions can be used by policy makers to localise the use of consent notices to operational contexts and more granular applications of enforcement.
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This is essentially a check list of provisions for the implementation of a consent notice, . It will be used to provide assurance that the consent is fair and reasonable. There are specific and existing policies that are used to create this checklist. Many jurisdictions have prescriptions for the text required to accompany specific types of consent as terms defining those requirements. This is also the case with notice requirements.
As a part of creating a receipt for a data subject an organisation displays that they have agreed to implement (or not), the OC requirements a checklist that accompanies the receipt. This is functions as a flag: yes or no, If yes, then there is a self assertion that the notice will be provided in a fair manner with all of the required considerations as prescribed in law in that jurisdiction. This is then reflected on the 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/
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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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The compliance scale is based on the ICO table of compliance http://ico.org.uk/for_organisations/data_protection/working_with_the_ico/~/media/documents/library/Data_Protection/Detailed_specialist_guides/auditing_data_protection.pdf
Trusted Services Appendix
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