Update
This document presents a summary update to the ANCR WG and Consent Receipt community on of some of key issues and solutions that address them since MVCR v0.8 (when spec was frozen) for review by ANCR WG.
The Original Use Case – To replace/ advance the Online opt-in's contract of adhesions, with a privacy agreement model that include standardized privacy rights access, independent of the technology and service provider. In such a way the 'concerns' are separated and the service providers can dramatically reduce data processing risk, transfer liability, and reduce the burden of policy on people with an international standard.
The v1.2 completes Minimum Viable Consent Receipt use case which started the consent receipt work. Including an analysis on what was broken in the v1.1, preparing the way forward for a V2 receipt specification. This receipt specification scope is on the legally required technical fields for extending personal data governance online.
Key challenges were a lack of maturity and granularity in operational semantics of the legal frameworks , specifically a) the technical semantics of delegation, authority, and control b) enforceable privacy law (GDPR) c) standards for notice and consent (ISO 29100 and 29184). Thus addressing an International set of terms, definitions Notice content controls and consent structure format, so that people can consent to control and transfer their own data to another entity (locally or across jurisdictions)
With a focus on the delegation of authority and the jurisdictional fields for a proof of notice and consent record. Called an ANCR Record in this v1.2, people can technically own their own records of consent and data control. Generate with trusted 3rd Party Notary, proof of notice and evidence of consent. Track ones own consent and purposes and because of this technically generate notification for access and rights, requesting standardized transparency with a Consent Receipt.
The standardization of terminology, controls, notice and notification for maintaining a state of consent can all be automated with Consent Receipts. Utilizing standards for legal semantics to implement the power of linked data and render records/receipts to provide people with transparency over risk and performance of human centric data controls.
Key Updates
- The ISO/IEC SC 27 Committee in April 2020 to start an ISO Working Draft based on the Consent Notice Receipt
- The Consent Notice Receipt was published in appendix D, of ISO/IEC 29184 (June 6,2020) titled 'Online privacy notice and consent'
- this establishes the Consent Notice Receipt as an authoritative data governance tool to provide transparency over the control and interoperability of data processing by services between jurisdictions
- V1.1 to V 1.2 Notice; regarding 'well known issues and developments' (WKID) Updates,
- delegation (on-behalf)
- proof of notice receipt
- Consent Notice Receipt (Human Definition)
- a receipt to prove awareness of any policy or notice regarding surveillance; a physical sign, a blinking light, T&C's, privacy policies, cookie notices and online consent forms inform people about their own understanding of consent. Consent is a human term which is technically a multi-permissoned active state at any one point of time reflecting hidden and personal capabilities per context, biological, social, legal, but more importantly, the physical environment which dictates security and controls considerations for the individual.
- generated from the notice and or sign presented to the Individual in the individuals physical context indicating the system permissions/data protection and controls scopes/ relevant to the person and context.
- the consent receipt core purpose is to link and rendering privacy rights information and access into a receipt independent of service context
How Notice Standard Record is Global Interop Technology (in a nutshell)
The Consent Notice Receipt Framework, is a semantically standardized notice and notification framework for the processing of personal and sensitive data, with the maximum explicit consent record structure as the base (or first legal processing notice receipt schema specified),
Interoperability: Standardized Privacy Notice Semantics for Transborder identity and data governance
Governance Interoperability is a core focus of the work, primarily from the human to technology governance interoperability, Standardizing Notice law, technical formats and semantics in the notice provides the framework for all processing activities to be relayed to a person in a consistent language and format.
The Notice framework here is a semantic governance framework for digital twin of a physical notice using standards, or assessed against standards, independent of service provider and jurisdiction.
Legally,
A privacy notice is the only required elements for all personal data privacy processing across all privacy legislated jurisdictions. The harmonization's of the legal semantics, via international standards and the adoption of best practices. Notice is the most similar across all jurisdictions and it is also the only privacy element that is constant in all frameworks.
Notice for security, privacy, health and safety is universally required in governance, and where there is none. Like big data, there is little to no providence,
Human
People first must have some sort of notice that they are providing consent before consent is possible. People must first be aware of surveillance before it can be trusted, or trustworthy.
Technically
For active surveillance with digital identity management technology, whether it is Sovreign or not. It is untrustworthy, unless it is proportionate, democratic, and reciprocal, meaning that the Individual can see the active state of the legal entity and status of the service, with reciprocal transparency. Notice Record Structure
Legal Justifications
For a high assurance notice governed data flow, the specified purpose of use, is what governs the data flow and processing. A notice record is required for any processing and to start a relationship. The Notice type is further extended by the legal justification for processing and often identified as a services.
There is more than one type of identity relationship for a legal justification for processing, and opf there are multiple relationships for a processing activity – which would required multiple legal justifications.
IN 29184, the legal justifications for the use with identity management systems are generically defined as a Notice for:
- Consent; (consent as the framework notice and consent by design)
- Contract Notice Receipt
- Vital Interest of Individual (Vital Notice Receipt)
- Legal Obligation - Legal Notice Receipt
- Legitimate Interest - Essential-Use - Notice Receipt
- Public Interest - Public Notice Receipt
In these legal contexts, notifications inform the lifecycle of legal justification for processing and its relationship, in addition to which rights apply in context, and what the performance of those rights ares legally expected by people.
The CR V1.2 Updates the CR V1.1 Structure to a more modular structure
Notice Fields
- Notice Receipt (core field set), comprised of the fields for notice that are required for all legal justification for processing.
- The Notice Receipt by itself indicates the security first, the PII Controller, and representative.
- Notice Receipt Utilities
- Without a legal justification this notice mitigates the risk and can technically start the process of transferring liability for processing to the Individual (PII Principal) n legal entities and the provider of notice,
- Notice with a notification payload,
- In a specific context a legal Notice can be used to deliver a notification
- Meaningful consent requires a notice of risk
- A notice receipt for a notification of risk, in addition to a consent notice receipt provides 2 factors of notice,
- Utilizing the same two factor messaging pattern for semantic harmonization.
- Consent is not possible without a Notice of,
- Processing and operational understanding
- Directed & Altruistic Consent
- PII Principles provide the notice themselves
- Go
Vectors of Consent
Quality of Consent
- Weak transparency over legal entities and beneficiaries of data processing
Consent Notice Receipt (MVCR Finished = v1.2)
Extending a Notice Receipt with Consent as the legal justification, requires purpose specification, for a service,
The CR v1,1 as published contains the fields for the specification of a purpose for consent, The vocabulary and categories required to harmonize semantics for data control where know issues that have been focused on for the last 3 years.
The Personal Data Categories are used to specify the purpose, while the Data Privacy Vocabulary, provides a machine-readable legal ontology for specifying data types, and treatment. All of which are required to specify a purpose for dynamic data flows that people can a) see b) human understandable c) interact with in a meaningful way , d) while also semantically harmonized in containers that are machine readable.
CR v1,2 : Core
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The Consent Receipt Framework exposes the legal requirements that are required to administrate consent, further define the governance of permissions and application of preference. Online, or with sensory infrastructure, consent (and consensus) is implied in public spaces when processing personally identifiable information.
The CR CV1.2. WD 2, generates a consent record from an interaction with a Notice or Sign, which for security, the PII Controller needs to be identifiable, and verifiable. The ANCR Record is an iteration of the prefix of the CR V1.1.
The consent receipt framework is consent by default and the anchor record is the Consent Receipt prefix and is used to capture legal entity information and used to generate a consent notice receipt.
The receipt is further defined and fields broken down for use by privacy framework for conformance assessment, which is based on the lifecycle of a specific notice for processing personal data and a specified purpose, the purpose is used to define the consent grant which provide the scope of permissions for a digital identifier management system.
Flow of Architecture PII Principle Creates and controls Anchored privacy notice records for Privacy Assurance
For Example
a self-asserted PII Controller ANCR record provides a tier 0 privacy assurance,
- if held by PII Controller, on behalf of the PII Subject then this is not compliant
- must be witnessed by 3rd Party Privacy Assurance Provider
- if held by PII Controller, on behalf of the PII Subject then this is not compliant
- a self-asserted PII Principle ANCR Record
- is held by PII Principle, used to generate consent notice receipts
- a self-asserted PII Principle ANCR Record
Conformance assessment use cases for 27560 for the PII Principal:
- use of receipt as evidence for proof of notice and consent.
- use of receipts as proof of awareness for identity management system
- use of receipt to see the state of privacy / consent lifecycle - so that people can automatically see what to expect without reading a privacy policy or terms - with access directly to digital use of privacy rights .Consent Grant Roadmap - Scope protocol for Identity management system permissioning
- Consent Grant (human scope) - Identity Management = technoal permission and access controls
Updating from v1.1 - represented by submission to ISO 27560
- delegation
- jurisdictions
- personal data categories
- consent record structions
- purpose finger print
- purpose
V1.2 : Consent Receipt Framework
Intro - Implements PasE Protocol with 2FC
V1.2.1 : ANCR Record Conformance
- First Factor Notice for PII Principal
- Fields for DS location require a verifier
- verifying (or synthetic) attribute
- a specified legal jurisdiction
- quality of notice of control receipt
- quality of service purpose specification receipt
- PII Controller
- notice location
- legal jurisdiction
- governing framework - e.g. t&c's?
V1.2.2 : Consent (Notice) Receipt:27560
- Extend with Legal justification to specify purpose for a service
- Specifying the Legal Justification for data processing in a notification
- Specifying Data Categories
- Specifying Data Treatment
- Specifying Security
V 1.2.3 : Rights Access & Automation
- rights with ANCR Record
- universal context right
- right to information about privacy and security
- right to see contoller and purpose(s)
- legal requirement for presenting risk
- right to information about privacy and security
- universal context right
V 1.2.4 : Consent Validation - The Life cycle of a consent
- Active State of Consent Validation
- identity governance controls and scope
- Consent Grant for Identity Protocol Governance
- Scope of a Consent Grant Represented in the User Managed Access Protocol
- use of consent gateway for consent grant validation
- Scope of a Consent Grant Represented in the User Managed Access Protocol
Protocol Scope Use Cases
UMA
SAML / eIDAS
- FAPI
- GNAP
V 1..2.5 :
- Privacy as Expected - Part 3: Consent by Design - operational conformance - standardizing signalling - UI interaction point conformance - proof of notice and transparency/accountability assurance
- 29184 notice controls and consent structure
V 1.2.6 Data Governance Interoperability
- Privacy Framework for Gov interop for Security/Surveillance, Evidence and Policing
- Re-Issuing Identity Credentials with a native and local identity service - rather than exporting a federation into foreign governance models (e.g. Contracts / T&C's)
- Transparency Assurance
V 1.2.6 Topics Raised to be Reviewed / Refined and Addressed in Roadmap to V2
- Delegation
- Jurisdiction (physical location proof)
- Consent Types Defined in v1.2
- explicit
- implied
- directed
- altruistic
WKD ISSUES
The CR v1,1 as published known challenges have been addressed and are specified here in the v1.2 update.
- See V1.1 Update https://kantarainitiative.org/confluence/x/VYSVC
- V1.1 (2017) addressed with GDPR and then adopted to ISO
- V1.1 completed with comments to ISO
- delegation
- Jurisdiction
- PII categories
CR v1.2 Format Structure and fields
- Notice field object
- Location & Time
- Location – twin -
- Physical
- Device -
- PII Controller object
- Jurisdictions,
- Link to physical notice
- Extend it (Legal Justification)
- Privacy Stakeholders
- Categories of controllers
- Consent Purpose Specification (v.1.1)
- Purpose Category
- Purpose Descriptions
- Purpose Sensitive Categories of Data
- Sensitive data category
- Personal Data Category
- Personal Data Types/attributes etc
- Personal Data Processing Treatment
- Storage
- Security (cert/sighed key)
- Extensions –Requirements (according to Context)
Notice & Notifications
A Notice can itself be extended with a Notification for the maintenance of a consent record, and consent based relationship. Notice Receipt Receipts facilitate a Semantic Governance Framework
A notice of controller is the first section of the receipt 1, can be extended with these receipt profiles
- Contract Notice Receipt
- Vital Notice Receipt
- Notice of (legal) Obligation Receipt
- Legitimate Interest Notice Receipt
- Public Interest Notice Receipt
Notification
notifications
Rights Consent Notice Receipt
Privacy and Surveillance based rights are applied to context according to the legal justification, which is confusing even for the experts.
- Withdraw Consent
Consent Notice Receipts (Lifecycle) `
The spectrum of consent has multiple vectors
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