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- List Consent Receipts in your RN personal cloud: http://open-notice.github.io/respect-network-receipts/
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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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| Field Name | Field Description | Field Purpose / Explanation | Reason 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 Data Subject at minimum | Data Subject is primary party to consent | Data Subject 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 (DC) | Name of the entity issuing the receipt | Should be the entity / organization in receiving the personal data and is responsible for consent compliance. | Is the Data Controller and 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 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 (>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. |
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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 requires a checklist accompanies accompany the receipt. This 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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Fair & Reasonable Consent Conditions
This table will collect a check list of these elements is being crated in this draft belowdocuments the checklist of elements for Operational Context.
Context: Location Specific | Description | UK 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 | EU | USA | Canada |
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website Website consent form | To provide Provides notice at point of consent for the consequences of not provisioning consent | X (put in legal ref) | X | ||
website Website consent form | To indicate Indicates what is required, and optional information, to provide for consent | X | X | ||
mobile Mobile application | |||||
Entering Physical Space | Sign posted upon entry to physical space |
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The various table currently include.
Re-Usability
Re-Usability of a consent can be may come from adding a protocol, or a compliance level, or a receipt capture option. In the table below, a 'Consent Receipt Request' extenstion that extension is listed-- this was developed at the Data privacy Legal Hackathon is listed. , Feb 2014.
Extension Road Map
List of current or planned extensions
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| Priority | Extension Type | Field Name | Description | Instructions | Legal Requirement Jurisdiction (this item must be listed on LR table) | Context (this item must be listed in the Operational Requirements table) | (usabilityRe-Usability / Interoperability Benefit) | XDI Example |
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| 1 | Core Extension | Jurisdiction | The jurisdictions of the parties: the data protection authority is mandatory. |
| All | Re-Usability: enables receipt to be used as evidence or for the purpose of legal data controls out of context of the consent event. | ||
| 2 | Core Extension | Collect Sensitive Personal Data |
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| 3 | Core Extension | 3rd Party Trusted Services Extension (this is the functionality for Registry) | ability to add trusted services to the minimum viable consent receipt | This incorporates 3rd party sharing and purpose listing format | ||||
| 4 | Usability Request Extension | Consent Receipt Request Extension | This is a button a user can press to request a consent receipt from a business |
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| This is for all contexts of the MVCR | Re-Usability | |
| 5 | Operational Context Extension - Cookie | Policy Extension for Consent Cookie Policy Link | The issuing entity's cookie policy Link (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing or self assert an icon | Legally in the EU a cookie requires explicit assent |
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| 6 | OperationalContext ExtensionOperational Context Extension - TOS / TOU | Policy Extension for Terms of Service Link | The issuing entity's terms of service (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing | Legally Terms need to be open and accessible in order to be fair and reasonable. |
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| 7 | Operational Context Extension - Privacy / Data Policy | Policy Extension for Privacy Policy / Data Policy Link | The issuing entity's privacy or data policy (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing | Legally Privacy Policies are required in the US, and should be open and accessible in order to be fair and reasonable. |
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| 78 | keep Retain copy of all notices with receipt | Store all notice data option as a part of signed receipt |
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- Provides a simple consent receipt to show compliant policy (in progress) http://on.smartspecies.com/receipt-example/
- Show Directory of Supporters with consent to appear directory managed by supporters personal data store (in progress)
MVCR Consent Receipt Template
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Latest Template Version
We have a template that we have created provide a template to guide the design and development of the MVCR, the . A GUI design is also out of scope of this specification versinversion. What What is provided by default is a the Consent Receipt Template that we are using for technical design.
Example 1: Open Notice Minimum Viable Consent Receipt
Open Notice Website Website - Consent Receipt - Technical Demo
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Respect Network (RN) Technical Demo:
- 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 Cloudcloud.
To make the consent receipt usability use scalable it , CRs needs to be signed and put in a personal data store as part of the Respect Network.
This specification and demo is created to demonstrate a MVCR being implemented without the need for an Open Notice Registry with the Respect Network (Trusted Network) Trust Framework which natively has the ability to provision receipts to the highest level of compliance. This walk-through demo is intended to demonstrate how a consent receipt can be stored in a personal cloud from this spec document and demonstrate 'Fast Track' usability.
DS goes to amazonrespect.com website
Website presents form and asks for consent:
either to sign up initially, or
or for for additional consent and profile management when already logged in
DS agrees (clicks on “i agree” button)
DC website initiates creating the a receipt for the consent that was just given.
DC checks for reciept data collection and notice extensions and finishes creating the receipt.
The receipt is signed by DC.
DC website sends an XDI message to DC’s RN cloud to store the signed receipt.
DC shows popup window with options (what to do with the receipt). The signed receipt is embedded in the popup window.
email to DS using email address in amazon profile
store in users personal cloud
capture in browser
download receipt as pdf
opt out of a receipt.
DS clicks on “store receipt in my RN cloud”. (default option)
popup Popup window asks DS, : what is your cloud name?
DS types cloud name =alice
popup Popup window runs XDI discovery to find DS’ RN cloud
popup Popup window sends an XDI message to DS’ RN cloud to store the signed receipt
The Re-usability of a MVCR can then be made scalable for re-use in aggregate. This is beyond the point of consent for the data subject, with a process in whch the receipt is digitally signed by both parties.
This process also identifies the jurisdiction of the Data Controller and of the Data Subject. This example also includes signing of the receipt by the DC. (the Note: The digital signing of the DS (data subject) is currently out of scope of the first draft1.)
MVCR Mock Up for Amazon Respect Use Case
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MVCR Compliance
Audit
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Each field on a Minimum Viable Consent Receipt are there in response for legal notice requirements, if legal requirements are present, a yes no flag is added to consent record, further infrastructure is needed to record disputes to self asserted claims.
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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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