Letter to JTC1 Dear Members of JTC 1/SC27/WG 5 - WG Mirror Committee: Introducing the Transparency Performance Scheme

 Over the last 12 years at the Kantara Initiative, during this time we (many contributors) have led the work to develop the Kantara Consent Receipt specification, and to further define the PII Controller Notice Receipt Credential, and now the Transparency Performance Scheme. 

We originally started it as a notice and consent receipt, but as ISO/IEC 29184 was already in development we decided to turn this into a record for this standard, which eventually became the consent receipt v1.1

The initial contribution to ISO/IEC  was the consent receipt work, which first started with a presentation for a  call for collaboration at the W3C Do Not Track & Beyond Conference, calling to open notice and consent with standards. An effort focused  on addressing, fake privacy in the use of terms and conditions online.   This grew into a campaign called the Biggest Lie on the Internet.   This campaign elucidated the fact that we don’t read privacy policies and cant follow terms and conditions, and therefore do not have the knowledge to legally (or socially) consent to the use of your personal information.    This is often defined as the biggest data breach of human data, is best described as the data that enables surveillance capitalism.  The root of mis information in American consumer protection regulation standards and digital identity management systems.

This was adopted and developed as ISO/IEC 27560, the consent record information structure.  Even so, our work at Kantara in the ANCR WG, (Anchored Notice & Consent Receipt) continues to be focused on the development of notice record and receipts. Contributing our work to JTC 1 community because ISO/IEC 29100 is open to access, and therefor enabler of regulated digital transparency and consent.

Over the last two years we have worked on developing a series of specification in anticipation of ISO/IEC 27560 being published, and at this last Plenary, we presented the Transparency Performance Scheme, which is the evolution of work in internet and identity standards that began formally in 2012.

Background on the Consent Receipt works

The notice record and  consent receipt,  is in fact an iteration on what is known common as a receipt, which is a trust technology that surprising predates scripting and writing.  In its current form it’s a cousin of what is best known as an unregulated  ‘web cookie’, used to capture intimate personal micro-data known as identifiers.    

A receipt is the original tool of trust, it enabled transparency over the amount of items being shared so the person receiving didnt have to trust the person delivering the goods (as much). A goods transportation receipt may well be the oldest form of writing found to date. Indicating the critical importance of this technology  in the evolution of human history and society.  A receipt has been a required tool that has  scaled systemic trust, with third parties in society and forms the basis of common practices in human transactional contexts.   

The cookie, and terms and conditions framework from the perspective of governance, trust, security and privacy is deceptive term for a receipt, and not only is it use unfair, its is advanced digital identifier management technology and a root cause of online misinformation and data toxicity.

The IAB (Internet Advertising Board) has its own commercial and self- regulated framework that defines a receipt as a cookie, and with this, has colluded to deceive people and industry for profit. 

Deceiving people into thinking they are providing ‘ consent’ when we inherently can tell that we cannot be held accountable to terms we don’t understand and this consent could never be proved to be valid.

In this way, the browser violates the rules and laws of transparency, which are consistent in all privacy principle instruments and laws in the world. In fact the requirement for notice, regardless of the legal justification is the first principle to. health, wellbeing, safety and security. The fact that browser lets a digital receipt of your activity, be placed on your own device without notice, consent, or consensus and crapes your device information is a serious violation of security in the digital commons.  This is In effect a systemic security break, enabled by data protection law that pre-dates the internet, when personal data control was assumed.

Transparency Performance Scheme (TPS)

Used ANCR (Anchored, Notice and Consent Receipts) Standard Digital Privacy Transparency Record Framework for Consent by Design.

The ANCR WG contributed to the last JTC 1/SC27/WG5 meeting a number of items:

• ISO/IEC 27568 Security and privacy in Digital Twin - ANCR Report Submitted

• ISO/IEC 27091 Security and privacy in Generative AI - A use case for Digital Privacy and Ethic Governance of generative AI

• ISO/IEC 27566-2 Benchmarking Age Assurance Systems -ANCR Post

Attached here is the report presented in the 27568 sessions, and this be found here,

The presentation of this work articulated how security and privacy can be digitally twinned for Age Assurance and Generative AI applications in order to enable governance through the use of digital identifier management technologies.

ANCR Transparency Performance Scheme (TPS)

This scheme (in draft on the ANCR wiki) is used to capture the presentation of required PII Controller Transparency information.  This captured scheme is operated to capture information that is recorded into a conformant ISO/IEC 29100, 29184, 27560 record called the PII Controller Notice Record    This is then used to measure the compliance with privacy laws and provide a standardised digital privacy transparency report.

For the most part we found that most transparency requirements are not operational in context, they are anologue analogue privay process that need to be back chanelled externalling channelled externalizing form the contet context of service delivery, making it impossible for an individual to access and use their rights in a digital context.

...

Consent by design is enabled by using a PII Controller Notice Credential to decentralised the records, with a receipt.  In that individual is provided with a receipt in order to mitigate the liability and risk in data processing.  In the common context a digital transparency receipt is provided when engaging with any type of  sign or notice,  This specifies for  a notice/sign enhancement for an inclusive record and receipt provisioning practice, that is a called a two factor notice (2FN). A 2FN uses an overlay capture architecture  when interacting with a notice, notification and disclosure, to create a consent receipt, which can be used with consent to interact with the service autonomously.

In Summary

We submit the ANCR WG specifications as Consent by Design for Privacy by Default systems, which can be used to secure individual privacy, dramatically reduce risks, enable the dynamic transfer of liability with authentication from consent.

The record and receipt framework is driven by identifying the providence of personal data, and enabling PII Controller data processing transparency. Individuals who receive receipts for data processing are able to secure and manage the priavcy of their own data themselves.

The ANCR framework for Consent Receipt tokenisation address mis information, and uses ISO/IEC 29100 to define digital identity technologies using law and socially expected definitions. This enables the individual to interact with the privacy by default system, regardless of what legal justification is used to collect, process or access personal information.

The standard PII Controller record and its use as a consent receipt, is specified using ISO/IEC 29100 security and privacy framework, and  further specified in 27560, consent record information structure, is also published in the appendix of ISO/IEC 29184 Online privacy notice and consent framework.

For assurance To address Generative AI risks of deep fake, as well as assurance against mis-information the consent receipt is produced  with a registered controller record, (a digital trust registry) and is registered in an identity-trust registry  in order to secure the accountability, providence and  security  transparency of personal identifiable information processingA

ANCR Work Group Presentation

0PN-DTL - ANCR Transparency Record Framework - Global Age Assurance April 13 2024 Manchester, UK

This presentation on the use of this framework was provided in Manchester at the Global Age Assurance Conference held in conjunction with the WG5 Plenary.  You can find this presentation here.

 then which provide an individual a receipt so that they can interact with the data processing.

It has taken some time to report on this I have just recently joined this community group.   I had lived in the UK for 20 years, where a lot of this work was originally done..

Presents on the risks of displacing human governance mechanism, the cause of those risks, and how standardized digital privacy transparency (SDPT) can address these risks for any privacy and surveillance context.

Introduces Standard Digital Privacy Transparency (SDPT) which is a standard PII Controller notice record and consent receipt practice for data governance. In the 0PN digital identity model security and privacy is digitally twinned (like in banking) and introudess a digital privacy framework where all data processing is recorded, logged and linked to a receipt which the individual keeps in their digital wallet. 

Global Age Assurance Conference Presentation April 11

or here

https://youtu.be/QrJnFJFuv3g