Introduction
This (N&)Consent Receipt Framework v1.2, illustrates the CR v1.1 consent receipt record field structure for consent as the privacy rights paradigm in which other legal justifications are presented as derogation to the state of consent, captured with a consent receipt.
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- the initial receipt is used to create an Ancr recored anchored record for the implementation assertion of data sovereignty by PII Principal
Use the ANCR record to generate a consent receipt by choosing / confirming the legal justification, which represents a consent type and onto of this the legal justification is layered.
** implement this specification choose the receipt type for the legal justification, display the consent label in the receipt and privacy rights information access for the context of processing
The notice receipt is extended by the legal justification for processing
Each type of Notice receipt is defined by a legal justification mapped to a consent type label for human record processing and privacy rights.
The legal justifications are represented generically, and based on those defined in the GDPR and guidelines like those found in Canadian privacy for meaningful consent.
Table 1:
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Consent Receipt Types for Legal Justifications & Consent Type Labels for Notice Liability Transfer
Master Data Consent Paradigm Controls - matching - Privacy Rights to data controls that re specified for data context governance and trust.
Layering legal justifications onto of a consent receipt to modify the rights and permission scopes.
“Consent is not the only lawful basis for the processing of PII and thus not always required. “ The aim of this specification is to modernize the consent exceptions to account for new digital realities that were not anticipated when these laws were originally adopted.
In some jurisdictions, other lawful basis includes 29184, generic set of lawful basis are adopted and specified from the GDPR.
consent
contractual necessity,
compliance with legal obligations,
vital interest,
public interest, and
legitimate interests
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N/A - Not A Privacy/Surveillance Notice - no legal justification present : No valid notice for processing personal data provided.
Contract Notice Receipt - Contractual Necessity - used for any type of contract | Implicit-Contactual necessity
Legal Notice Receipt - Legal obligation to process personal data | Consent not applicable
Emergency Notice Receipt - Vital interest of the Individual (Master data controller) | No consent needed
Public Notice Receipt - processing in the vital interest of the public - (e.g. pandemic) | No consent needed
Legitimate Processing Notice Receipt - processing is necessary for the purpose of legitimate interest | No consent needed
Implicit Consent Notice Receipt - consent is implicit through the record action of the master data controller | Implicit
Implied Consent Notice Receipt - this is where the service provider implies a mutual state of awareness and understanding from a previous and still valid explicit consent | Implied Consent
Consent Notice Receipt - an explicit notice receipt for providing privacy risk information and for a consent receipt (see Appendix ISO 29184)| Explicit Consent or consent
Consent Directive Notice Receipt - explicit pre-defined consent and permissions for contributing data to research, data commons, community health etc. | Consent Directive. Consent Directives themselves can / are themselves standardised with a privacy agreement framework
Terms & Definitions
Operational Notice Receipt Type(s) - A Consent Notice Receipt is defined in Table 1 refer to the type of legal justification use for processing personal information, which may be utilised by any legally defined justification
Consent Type Label - Record Processing Label for Human Centric Privacy AI
Consent Type Profiles - A consent type label defined by a legal justification for processing personal data/meta-data/identifiers, mapped to the GDPR privacy rights, which are linked in an Operational Notice & Consent Receipt V1.2
Master Data Clause/Controls - for Operational Notices & Consent Receipt
Notice & Consent Receipt V1.2 Specification
Proposed for automated Privacy rights administration specifying Consent Type Label defined by legal justifications for processing personal data.
Notes on making class : liability of processing – (movement of processing liability between parties for use of rights)
Legal Justification + Purpose of Use define obligations - The roles are obligated according to how the controller is engaged. This obligations provide liabilities -
Consent - Take liability for claim/responsibilty -= withdraw consent - remove the credit and liability -
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Data subjects have the right to object to you processing their data. You can only override their objection by demonstrating the legitimate basis for using their data.
Notes for Implementors Conformance Testing Consent Types
Checklist: To determine a consent type,
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Notice have the 4 minimum requirements:
identity of controller and accountable point of contact
contact
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information for privacy rights access
purpose description
legal justification for processing personal data (or consent type)
In this policy context ; Does does the notice have ?
Dark patterns are identified, is there an appropriate ;
opt-in,
opt-out
no opt-in (or) opt-out -
Terms of Service Framework
No Transbordar - metadata privacy mechanism
presentation of risks ]
Is this notice, a notification of an existing Notice or Consent - already active ?
yes
no
Always ensure that a link to find more information is directly connected or even linked from the Consent Type for best practice.
Test 2: Instructions for Deploying a Consent Type
To use a consent type,
First identify the legal justification for processing personal data
if base legal justification is consent (subject to Terms of Service) this is fake privacy and not consent
Use the table to find the Receipt Type - and use the corresponding consent type label in the receipt provided
Add the Consent Type to the first Notice a person encounters
Link the notice to the policy explaining its use
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