Term

Definition

Example

Consent Receipt (CR)

A record of a single consent transaction provided to the data subject at the point of consent.  

This record is a summary of legal requirements of  the notice provided at the point of consent about the collection, use and disclosure of information by a data controller, and has given consent for that collection, use and disclosure.

Data Controller (DC)

The organization or individual that is accountable for the operation of the web site.

This is contact information for the management of consent.

Data Subject (DS)

The natural person that is registering on the web site.

This is typically when a person registers to get access to a web site service.

Identity Provider (IdP)

A third party that provides identity and/or authentication information about the data subject.

Minimum

• A Receipt will contain the purposes to which is consented to,

The links to all policies that inform the consent and the contact information of the data controller.

Operational Context of Consent

The list of legal (best practice) requirements for notice for consent in the jurisdiction and context in which the consent is given.

This includes jurisidction requirements as well as the contextual elements to the method of consent capture

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.

Sensitive Personally Identifiable Information (SPII)

this a flag in the consent receipt that is used for what is legally defined as sensitive and protected data, this varies from jurisdiction to jurisdiction. For this type of data explicit consent is required and a consent receipt extension is needed for this functionality.

include health, financial, children’s data,  sexual data, political/religious data, surveillance data,  (note I think this should include participate in identifying SPII

Trusted Services

A provider of Trust Product, like a Privacy icons,a certification for standard assurance, a reputation services, a trusted networks, trusted protocols, etc

Viable

Meets or exceeds regulatory minimum for notice in the jurisdiction where it is issued

Open Notice Framework

An Open Notice is a standard consent format for policy notice summaries as required by law.  The use of an Open Notice is further facilitated by a framework which enables the independent use of the Open Notice.   collection and opening of organisational privacy policies and terms some projects that do this exist already; E.g. TOSSBACK

Field

Description

Example (XDI)

Data Subject

Name or pseudonym of the Data Subject

Data Subject: Alice [=]!:uuid:1111

Sensitive Personal Data Flag (Y/N)

Flag to categorise the information collected as sensitive or not.

Each jurisdiction has classifications of sensitive personal information (privacy): The generally include health, financial, child protection (>14), youth protection(>19 or >22), educational, religious, or political categorisations.

May trigger additional legal notice and consent requirements

[#receipt]!:uuid:1234<#sensitive>&/&/true

Data Controller

Name of the entity issuing the consent receipt. This is the entity accountable by law for the information collected.

Data Controller: Amazon [+]!:uuid:9999

Purpose

The purpose(s) for which the information is being collected.

[#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."

Privacy Policy

The issuing entity's privacy policy (either inline copy, or reference to URI)

[#receipt]!:uuid:1234<#privacy><#policy>&/&/"copy of privacy policy here"

or

[#receipt]!:uuid:1234<#privacy><#policy><$uri>&/&/"https://..."

Location of Consent

The location of the consent provision. from which the consent receipt originates.(i.e. The web page with the consent button.)

[#receipt]!:uuid:1234<#location><$uri>&/&/"....."

Third Party Sharing

Flag whether data is shared with third parties. (Y/N)

May trigger special notice or consent requirements

[#receipt]!:uuid:1234<#third><parties>&/&/true

Site Specific Fields

Additional field or fields as necessary to fulfill the notice and other requirements that the Data Controller may need

Description Detail

Notes

Related Requirements

The provision of a consent receipt enables data providers to demonstrate their compliance with regulatory requirements for notice and consent.

Preconditions

Before a consent receipt can be issued the following conditions must be true:

• The user has provided the necessary information about themselves to complete registration

• This should include sufficient notice to meet regulatory requirements for the jurisdiction in which the site operates

• The organization has a privacy policy and/or terms of use and/or equivalent documentation to complete the mandatory fields in the consent receipt.

• The consent receipt that will be issued is authorized by an appropriate authority in the organization (i.e. this consent receipt is a business record of a transaction).

Successful End Conditions

• A consent receipt that contains the fields described below has been generated and offered to the data subject.

• A copy of the consent receipt is stored by the Data Controller.

• A record of the creation of the consent receipt has been created and logged.

• The data subject has received a copy of the consent receipt or has indicated that they do not want a copy of the consent receipt.

• The data subject’s decision about accepting or not accepting the consent receipt will be logged.

Failed End Conditions

The data subject completes site registration with receiving being offered a consent receipt.

Primary Actors

Data Subject

Data Controller

Secondary Actors

Identity Provider

Open Notice Registry: A third party that provides validated information about the Data Controller’s compliance.

Trigger

Data Subject provision of site registration information.

Main Flow

1. Data Controller display or provides notice to the data subject

2. Data subject provides registration information, including personally identifiable information where required.

3. Data Controller validates input

4. Data Controller generates and displays consent receipt

5. Data subject decision receives a copy of the consent receipt

6. Data Controller stores a copy of the consent receipt

7. Data Controller logs transaction

Extension

2a: Data subject identity information is provided by a third party

5a: Data subject elects not to receive a copy of the consent receipt

6a: Data Controller does not store a copy of the consent receipt