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ANCR Notice

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Records & Consent Receipt

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For Operational Transparency

Version: 0.8.8.5

Document Date: Sept 07, 2022

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Preface

Public international laws and standards now provide an opportunity for digital records and receipts to dramatically improve (at a much lower cost) the security of personal data control to then increase the effectiveness of digital privacy. Here, e.g., the ISO/IEC 29100 Security and privacy framework is the international framework for creating records for trustworthy ‘consented data access’, for Adequate data transfers internationally.

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To operationalize the TPI’s, this specification introduces a concentric notice label field, which is provided by context. It simplifies the understanding and use of rights for people in context of data processing, To present legal justification for processing and rights in order to present a consistent set of notice based controls, fprivacy right defaults and expectations.

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Introduction

This specification is proposed to capture, measure and standardize transparency over the security and privacy practices of the PII Controller. Starting with the identity and Controller contact information for operational use by the PII Principal.

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A trust protocol of transparency before surveillance. In which a notice or notification is presented to the PII principal that generates a. receipt from an ANCR record. presenting significant security and privacy benefits that assist in distributing and decentralizing stronger security decisions.

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Notice Record

The notice record is first specified as a static, one-time use notice record that is created by the PII Principal and used to initiate a state of operational transparency in context measured by access to, and performance of rights.

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Diagram 1 Notice Record

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Table1: Single Use Notice Record: PII Controller Identity & Contact Transparency Report

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Anchoring the Notice Record for Trust

Without a record identifier, added to each record, this initial record is an unanchored notice record. This record can be extended for use as a Trust Anchor for the PII Principal by adding an ANCR Record ID used to track the PII Controller and the data processing relationship over time.

As a trust anchor, it becomes a record the individual can use to verify the digital identity relationship and validated by the person for a digital privacy context in a system that can be expected. In this way an anchored notice record is a gateway to scale consent online and internationally.¹⁰⁵⁷⁴

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Notice Record Transparency Performance Indicator's (TPI’s)

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Diagram 2: Transparency Performance Indicator’s (TPI’s)

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The first 2 performance indicators measure the transparency of the PII Controller identity information that is required to be ‘provided’, as provision of this information on, or before data processing is a condition of Adequacy and compliance for all digital identifier-based processing activities. An ANCR Record is a record if processing activity that demonstrates this compliance,

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Once the capacity for digital privacy is measured to be operational the 3^rd performance indicator can then be used to measure the security certificate or key for its contextual integrity for the specific session or context.

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TPI 1: PII Controller Identity & Contact Transparency

Assess if the required information for transparency over who is in control of notice is ‘provided’

The MUST fields identify elements that are required in legislation that MUST be present.

Is there a

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TPI 2: Transparency Accessibility

How Accessible is the PII Controller and Privacy Contact information?

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This rating, a score of; [1,0, -1 or –3] is used to determine the number of steps, screens, or clicks required to find the ‘provided’ information.

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Transparency Accessibility Rating description table 2

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TPI 3: Certificate & Key Security Transparency

This security performance indicator requires that the notice record session certificate is collected and used to check if the PII Controller identity information is the same or linked to the controlling entity in the associated security certificate. For example, does the SSL (secure software layer) certificate identify the controller and is it secured for the jurisdictional domain and DNS information. (as a required digital privacy measure of Adequacy)

Certificate status and transparency are used to establish session security prior to the collection, use and processing of PII. The security TPI is used to measure the certificate and or cryptographic keys for a specified organizational unit to corroborate and validate the PII Controller’s digital integrity.

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Table 2 : Notice Record TPI Report

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Notice Record References

For the purposes of this specification, the following terms and definitions apply as, normative, non-normative to be used per context, and additive, in that they aid human understanding and data control.

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— IEC Electropedia: available at http://www.electropedia.org/

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Normative References

For the international and cross-domain use of the records and receipts here, this document refers to the following:

• ISO/IEC 29100:2011 Security and privacy techniques

• ISO/IEC 29184 Online privacy notices and consent,

• Fair Information Practice Principles (FTC) foundational principles

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Non-Normative References

• 1980/2013 OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data [OECD]

• Kantara Initiative Consent Receipt v1.1¹⁶⁴⁵⁵

• Kantara Initiative: Blinding Identity Taxonomy (Bit)⁶⁵⁷⁴

• For input to ISO/IEC 27561:2022 POMME (Privacy operationalization model and method for engineering)\

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Additive Reference

• General Data Protection Regulation (GDPR)

• Council of Europe Convention 108+ (Conv. 108+)

  • PIPEDA – Individual, Meaningful Consent

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Notations and Abbreviations

The keywords "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT", "SHOULD", "SHOULD NOT", "RECOMMENDED", “NOT RECOMMENDED”, "MAY", and "OPTIONAL" in this document are to be interpreted as described in [RFC 2119].

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Array – an array of field objects

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Terms and definitions

The definitions reference terms that are used in this specification to indicate what is normative, non-normative, and additive.

If a jurisdiction’s privacy terms are not compatible with this specification, these internationally defined terms can be mapped to jurisdiction and context specific terms. For example, PII Principal in this document maps to the term Data Subject in European GDPR legislation and the term individual in Canadian PIPEDA.

Code of Conduct

A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms which enable the body referred to in Article 41(1) to carry out the mandatory monitoring of compliance with its provisions by the controllers or processors which undertake to apply it, without prejudice to the tasks and powers of supervisory authorities competent pursuant to Article 55 or 56.

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[Source Conv. 108+ Art 29.5]

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Concentric Notice Label

This field is a new field – normative in this specification.

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The concentric notice label types are specified in Annex B, which spans the spectrum of legally defined consent types, defined from for the individual’s context and perspective.

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Consent Notice Label Types

1. Not Concentric: Legal obligation or legitimate interest independent of PII Principal

2. Implied Consent, PII Controller defines the purpose

3. Expressed Consent

4. Explicit Consent

5. ‘Directed Consent’, where in a PII Principle specifies in part, or in whole a purpose. Ensuring a higher quality of understanding.

6. ‘Altruistic Consent’, which requires a certified code of practice (in this framework – for a directed consent in which the legal obligation to identify the controller prior to processing is derogated.

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[Source Conv 108+ Rec.20]

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Notice

2. Adhering to the openness, transparency and notice principles means:

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[ANCR Notice Record Annex B]

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Notice Modalities

The organization may implement the control using different techniques: layered notices, dashboards, just-in-time notices and icons, and may provide notices in a machine-readable format so that the software which is presenting it to the PII principal can parse it to optimize the user interface and help PII principals make decisions.

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That information may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner, a meaningful overview of the intended processing. Where the icons are presented electronically, they should be machine-readable.

[Conv 108+ Rec 35]

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Notice Record

When organizations should seek consent for changes such as those outlined here, they should consider whether the PII principal has access to a record (of some kind) of their original consent, as well as how much time has elapsed between the original consent and the present. If the PII principal is able to access a record of their prior consent readily and if the elapsed time is not significant, organizations may provide notice of the changes and seek consent for same. Otherwise, the organization should seek reconfirmation of the original consent in addition to consent to the notified changes.

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[Source: ISO/IEC 29100 Table 3]

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Proof of Notice

A Consent Notice Receipt, for a proof of notice, used as evidence of consent to demonstrate compliant records of processing activities.

1. [Source ISO/IEC 29184 Appendix B]

3. A record of notice that is generated to provide proof of an informed individual supersedes terms and conditions (contract), to implement overarching privacy rights based control.

4. [Source: ANCR Notice Record v1 – Specification]

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Personally Identifiable Information (PII)

Any information that (a) can be used to identify the PII Principal to whom such information relates, or (b) is or might be directly or indirectly linked to a PII Principal.

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[Source: Conv. 108+ Rec 16]

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PII that is in a Sensitive (or Special) Category

what constitutes sensitive PII is also defined explicitly in legislation. Examples include information revealing race, ethnic origin, religious or philosophical beliefs, political opinions, trade union membership, sexual lifestyle or orientation, and the physical or mental health of the PII principal. In other jurisdictions, sensitive PII might include information that could facilitate identity theft or otherwise result in significant financial harm to the natural person (e.g., credit card numbers, bank account information, or government-issued identifiers such as passport numbers, social security numbers or drivers’ license numbers), and information that could be used to determine the PII principal’s real time location.

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[Source Conv. 108+ Rec, 29]

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PII Principal, Data Subject or Individual

The natural person to whom the personally identifiable information (PII) relates.

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Individual: Upon request, an individual shall be informed of the exis- tence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

[Additive: PIPEDA 4.9]

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PII Controller

A privacy stakeholder (or privacy stakeholders) that determines the purposes and means for processing personally identifiable information (PII) other than natural persons who use data for personal purposes.

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[Source Conv 108+ Art 3(8)]

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PII Joint Controller

Covers multiple joint controller relationships including co-controllers, hierarchical, fiducial, and code.

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[Source: Conv 108+ Art 86.1]

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PII Processor

A privacy stakeholder that processes personally identifiable information (PII) on behalf of and in accordance with the instructions of a PII controller.

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[Source: Conv. 108+ Art 3(12)]

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PII Sub-Processor

Refers to the PII Controller type in the ANCR record specificationl

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[Additive: W3C DPV 2.3.1.6 https://w3c.github.io/dpv/dpv/ ]

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Processing of PII

An operation or set of operations performed on personally identifiable information (PII).

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[Source. Convention 108+]

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Privacy Stakeholder

A natural or legal person, public authority, agency or any other body that can affect, be affected by, or perceive themselves to be affected by a decision or activity related to personally identifiable information (PII) processing.

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[Source: Conv.108+ Art 51(c)]

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ISO/IEC 29100 to 27000: Security Framework Mapping

Table Security & Privacy Terminology Mapping

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[Source: ISO/IEC 29100: Annex A]

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Third Party (or 3rd Party)

A privacy stakeholder other than the personally identifiable information (PII) principal, the PII controller and the PII processor, and the natural persons who are authorized to process the data under the direct authority of the PII controller or the PII processor.

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[Source: Convention 108 Art 3.14]

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Notice Record Schema Specification

The ANCR notice record is fundamentally a layered record schema, the first record layer is the minimum viable notice record (MVNR) a PII Principal can make to capture the organisation/institution that controls their personal data as well as the accountable person and for that legal entity. This record collects no additional data, except what the PII Principal is required to see and understand in order to be legally informed of the risks of generating a digital identifier.

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1. Layer 1 - Notice Record Schema.

   1. The PII Principal's private record of a notice without digital identifiers, also called a minimum viable record notice. This record is un-anchored and used for contextual purposes when it does not contain an ANCR Record ID, in the ancr record id field.

2. Layer 2 – Private Notice Record Micro-Data

   1. The meta data that can, and must be collected with the notice record to make a digital record of the notice record

   2. Is kept private and not directly accessible, exposed or made public.

   3. The PII Principal private record collects personal data specific to the use of the notice

3. Layer 3 - A Proof of Notice (PoN) record is generated

   1. A secured anchored notice record generated upon engagement with a notice to demonstrate that the PII Principal is informed. Not an opt-in or opt-out check box – which is linked to a notice. But check-box to confirm a notice clause is read, with a button on the notice dialogue that generates a record and receipt when used by the PII Principal

   2. A proof of notice record can then be used by processing stakeholders to generate subsequent linked notice, notification and dislosure records pertinent to the context of notice.

   3. Personal identifiers and attributes are encrypted, secured, verified and validated by linking to the private notice record.

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Notice Record Schema: PII Controller Identity & Privacy Contact Point Schema

This is the schema elements that are used to generate a un-anchored notice record and do not contain any PII, or digital identifiers.

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Private Notice Record Profile

These fields can be asserted by the PII Principle to extend the functionality beyond the transparency TPI’s specified.

These private record fields are separated from the Proof of Notice schema, as these are kept and controlled by the PII Principal and are used to provide defaults.

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Private Notice Record Schema

This is the data source for consented records of processing that is directed (and securely) verified by the PII Principal, with secure localized data source and device.

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Proof of Notice Record

For consented digital identity management, a proof of notice record is used as an alternative to terms and conditions, which refer to the contract-based policy for the governance of identifiers and credentials.

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Note: ANCR Notice record ID is utilized to create and link new receipts ensuring the providence of the PII Principals control of the ANCR record

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Proof of Notice Record Schema

The proof of notice record builds upon the PII Controller identity fields and contact fields with PII Controller identifiers used to digitally track the state of privacy .

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• A notice that is used to generate granular consent receipts using standards that specify purpose in the same way. Those generated with the same schema based can be compared to automate notice for operational transparency over changes to privacy state.

• A 2fN, is used to produce a dual record an receipt upon engaging with a standardized notice with access to admin privacy rights from the notice, prior to processing with consent.

• The consent receipts produced from a 2fN, can be compared independently for difference in the state and status of privacy, to automatically produce a notification based on the difference in state.

• Differential Transparency, produced with a tactile signal, or layer 1 notice indicator, standardized with machine readable data privacy vocabulary. (concentric and synchronic transparency)

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Notice Record Security Architecture

Overview

• The ANCR Record represents the online privacy notice control record that is used to assess conformance with privacy expectations using controls and structure for consent from ISO/IEC 29184 Online privacy notice and consenr

• Rules used to secure, protect and safeguard personal data; .

  • The only identifier is the identifier the PII Principal (optionally provided) to extend the functionality of the anchored record for receipts.

  • Only the PII Principal owns, controls, and delegates technical access to this identifier.

  • Whenever it is exchanged, it must use the blinding identifier taxonomy, cryptographically hashed with PII Principal public key.

  • As a result. Only attributes from the corresponding records can be used with a verified credential.

  • The record MUST not be generated or managed by any other stakeholder or delegate, apart from the PII Principal in order to be a trustworthy id.

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the PII Principal keeps a personal and private record of the identity relationship metadata.

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Security practice: requirements for the privately anchored record

Personal data kept by individual

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1. Differential Privacy [ not to be confused with Differential Transparency]

   1. A method to produce noise in a personal data profile, and data sets so that the output cannot be used as conclusive evidence, or used to attack systems. A safeguard that is described as a way to provide a ‘buffer’ to protect the PII Principal from harms.

      1. A relevant topic defined in the ANCR Record used in a different context, not as a tool used by a PII Controller, but as a control for PII Principal to use when engaging with PII Controller Services,

   2. Synthetic personal data can be generated from the Anchored Private Notice record and linked eConsent receipts with the use of verified micro-credentialing

   3. These records and receipts can be used to provide safe environments to model future personal data, anonymize PII Principles own data before use, provide statistical data to services and trusts, safeguard Altruistic Consent (see concentric data types) can be employed to open certain data types for a specific purpose to help people and society.

   4. Differential privacy can be used to evaluate structural deficiencies in existing data models (online profiles) and invalidate data sets through access rights which are near universal.

   5. Differential privacy tools can generate synthetic personal data can be generated to increase the size of a personal data set, and to employ machine learning systems on behalf of the PII Principal to address and secure the use of PII in machine learning systems to enable the individual address contextual and even adversarial scenarios

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Security Code of Conduct

Non-national standards are used in this specification to mediate transborder data controls and policy and provide extra-territorial governance. National standards are limited in terms of governance policy.

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• ISO/IEC 29100 - Security and Privacy schema, information structure

  • Mutually exclusive an collectively exhaustive framework matured over X years

    • Used to identify security and privacy stakeholder roles in data governance

  • The ANCR record is specified to propose a standard method, to secure records that can be self-asserted by people to control, use, and trust online.

  • It is envisioned that the only data ever seen by the PII Principal and accessible only via verification are those delegated as such specifically by the PII Principal.

• PII Controller uses privacy stakeholders as a mutually inclusive and collectively exhaustive technology governance framework for cross-border identifier exchanges

• All data processing is required to be transparent by default and provide notice, notifications and disclosures, which can be automated with this specification.

  • Transparency defaults are provided in relation to Adequacy with international best practice in order to be interoperable with EU-GDPR and Convention 108 to operationalize transparency with enforcement.

• Every non-person entity, or delegate, processing personal data is a PII Controller. An un-identified PII Controller, is a 3^rd Party, and requires PII Controller Category with a scope of authority for the context of processing personal data.

  • The PII Controller can have many roles, according to context of processing. E.g., Joint Controller, PII Processor, and PII-Sub-processor. 3^rd Party

• 3^rd Party Recipients,

  • All 3^rd parties MUST be identified as a PII Controller to

  • A stakeholder without a controller id, or role in direct purpose of processing. Using a different legal justification, like legal obligation. For automated discovery of security events, like mis-information and fraud detection.

  • Assurances that 3^rd parties, can also be identified as a PII Controler.

  • Assurances that all PII Joint Controllers, Processors or Sub-Processors, are accountable and identifiable as a PII Controller.

  • PII Controller identity credential (is required to produce a consent notice receipt for verification, validation and authorisation by the PII Principle.

  • There are interoperable with IAM system roles 0 Holder, Verifier, and Issuer in Self Sovereign Identifiers (SSIs) and Distributed Identifiers (DIDs) can be directly mapped to PII controller roles.

• ANCR notice records can be generated by the PII Principal and notarized by a 3^rd Party authority, on behalf of the PII Principal, for use independently of a PII Controller.

• Differential Privacy

  • An editorial use case – in which a recovered is made of who controls the choice to use differential privacy. Presented in the context that the PII Principal is in control of record and the choice to use the method. As opposed to the PII Controller being in control and deciding when to use this without proof in the form of electronic consent.

    • To address a security gap – dis-empowering 3^rd Party data processing without consent, the creation of an identifier for system access and management, any type of tracking, is referred to as profiling, which constitutes a high-risk privacy activity.

    • To mitigate the substantial risks, of digital identifier management technologies, any secondary use of the data – including ‘Differential Privacy’ must a) be transparent (specified with the consent information structure) and b) consented with a proof of notice receipt for evidence of consent,

    • This means processing is specific to purpose of the consent (Note: unless derogated in law which is also provided in notice and a represented in a code of practice, for the service.

    • Best Practice - Consent for the service to re-use a PII Principal profile for a secondary purpose, is a specific explicit consent, not an opt-in, or out governance control.

      • Trustworthy ID Compliance

    • without explicit consent for the generation of identifiers, the use of PII for big-data, machine learning, including differential privacy is arguably a breach of PII and clearly un-ethical as it violates the privacy expectations of the Individual.

    • To this over-arching point of providence of authority through consent.

      • The use of digital identity technology requires electronic notice and when required electronic consent,

        • In this regard, ethical use of differential privacy would require a record of consent to identify and profile and personal identity, then, sn explicit consent for the purpose of use.

        • In this way PII Principals can be secure, safeguarded, and empower their choices through the control of who benefits from their personal and why.

• Bottom Line

  • PII Principal identifying information MUST never be included without being secured at the attribute level. When a consent receipt is provided, all PII Principal identifiers MUST be blinded and, in this way, pseudonymized, in a format in which identifiers can be made portable (data portability) e.g., with a verifiable credential using zero-knowledge proof.

  • Any PII Controller consent records that combine raw personal identifiers with a consent record are therefore insecure and those systems are considered to have non-operational transparency

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Notice Record Extensions (for a Consent Record information structure)

The anchored notice record can be extended with the standardized consent record information structure by utilizing 3 extensions.

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Extension 1

The concentric notice label is used to identify the default legal justification for processing which is used for the default data processing practices.

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The extension is written for the PII Controller, to enable the anchored record to be used as a verifiable data source for operationalizing a channel (exchange) where PII Principals can advertise a consent grant to the controller. (see Appendix 1 )

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Extension 2

Extension 2 is focused on data treatment and rights of the purpose specified in Extension1. This extension utilizes some of the ISO/IEC 27560 schema, as well as the W3C Data Privacy Vocabulary, and some additional elements regarding delegation, cross-border adequacy, definition of data privacy rights data controls.

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Extension 3

Extending the security code of conduct, purpose specification (ext 1) and data treatment sections (ext 2) with a transparency code of practice.

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[Note: The appendices introduce the new elements found in this specification, as well as a schema map for interoperability with ISO/IEC 27560 for contribution.]

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Acknowledgements

• Kantara Community, DIACC, ToiP, W3C DPV and Consent,

• The ISO/IEC 27560 committee

• Standards Council of Canada

• PasE; Consent Gateway Team and the NGI – Next Generation Internet Grant contribution

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References

[Conv 108+] Council of Europe, Convention 108 +

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[Kantara Initiative] Consent Receipt v1.1

Annex (WiP to v8.9.9)

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ANNEX A : ANCR OPERATIONAL SCHEMA

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ANCR Record Schema

Note: This ANCR Record uses a record data type for MySQL as the example data type for records, unlike consent notice receipt tokens, which use jason-ld web-token data types. (ISO/IEC 28184 Annex B: Consent [Notice] Receipt)

The Notice Record utilizes data types for a record in a database, this maps to MySQL, unlike the consent receipt which utilizes JSON token data types.

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Terms and Definitions

Attribute Name

data types, for attribute … machine readable element

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ANNEX B: Concentric Notice Label Types

The object of the ANCR record is to enable operational transparency. A concentric notice type is used to provide a human centric label to a record or a receipt.

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. Referencing the corresponding ISO/IEC 29184 control to enhance interoperability of operational transparency. Interoperability that is realized through the extension of transparency with records of processing to establish and maintain a shared understanding of security and privacy risks. Affording people choice which mitigate risks and transfer liability.

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Mapping Legal Justifications to Concentric Notice Types

These are mapped here to provide a set of operational transparency defaults to set and support privacy as expected by the PII Principal. Expectations that provide a privacy notice starting point, where PII Principal and PII Controller can gain a shared understanding, or where a PII Principal can assert a legal justification for processing to access privacy rights.

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Concentric digital transparency is a design principle of electronic Notice and evidence of consent. The outcomes are for a shared / concentric understanding of a relationship and the purpose of digital interaction, the data control impact, and associated risks centric to the PII Principal.

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Concentric Notice Labels to Privacy Rights

Concentric Notice Types are you to create a digital notice label to enable that can be applied to digital processing context which are understood from a human centric perspective.

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Appendix

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Extension 1: Purpose Specification

(for latest draft of this extension or to get involved in working on it visit ANCR WG-Kantara Wiki ANCR - Extension 1 – 27560- Consent record information structure)

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These refer to 27560 line – 362 WD4, where it calls out the need to reference the schema(s) information structure used, in addition to demonstrating the capacity to maintain documentation for its correct technical implementation. - and conformance to the requirements specified in the 27560 documents.

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Extension 2: Data Treatment

In summary, elements from 27560 frame the data treatment elements are found in Extension 3 in addition to

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Extension 3: Code of Practice

The ANCR record is specified in this information structure according to legally defined code of conduct, each element that is required is referenced to standards and legislation which constitute the code of conduct for operational transparency trustworthy id protocol.

The legal code of conduct is extended by codes of practice which are often recognized as certifications and represented by certificates and certifications.

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Extension Library

Terms, definitions, filed data, record examples, machine readable privacy vocabulary, used to generate notice, notifications, and disclosures are provided here.

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Revision history

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