Core Spec: Minimum Viable Consent Receipt (MVCR)- Specification
Related Documents:
CISWG: Consent Requirements Map: (spreadsheet of laws/principles for receipt and data control R&D)
Open Notice: Mockup of a Consent Receipt: (A first MockUp of the consent receipt record)
This incorporates 3rd party sharing and purpose listing format
Objective
The Open Notice Initiative is an effort that calls for an open, global and public infrastructure for consent-based notices. A key element of that infrastructure is the minimum viable consent receipt described in this document. Such a receipt will provide the basic fields for recording open policy notices in a registry. With these notices people can easily obtain a simple record of consent, and use this independently to manage personal data control and access personal data organisations have.
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The Alpha version of this draft is intended to be very focused on explicit consent online, and the ability for organisations to provide explicit consent. Our first aim is to research the state of play and compliance.
Background
Draft, background document can be found here,
Minimum Viable Consent Requirements
By its format and structure the MVCR is intended to provide the basic information to review further the compliance of policy for consent. The MVCR is a record in a standard format. As a result it can be further extended by jurisdiction, data type and additional context. A basic consent receipt will assure a basic level of general regulatory compliance for consent. It will do this by being open, accessible, extensible and providing a standard format to develop a higher quality of consent and policy usability, data privacy law usability.
MVC Contents
Consent Receipt
| Field Name | Description | Purpose/Explanation | Format example (XDI) |
|---|---|---|---|
| Data Subject | Name or pseudonym of the user | Depending on the context could be full name, username, or pseudonym | Data Subject: Alice [=]!:uuid:1111 |
| Data Controller | Name of the entity issuing the receipt | Should be the entity/organization operating the service/web site that is collecting personal information | Data Controller: Amazon [+]!:uuid:9999 |
Third Parties | Names of third parties involved in the transaction | An example would be a transaction with Amazon where the fulfilment of the order is done be UPS | Third Parties: UPS [+]!:uuid:8888 |
following lines all prepended with | |||
| Digital Location | The location from which the consent receipt orginates. Possibly the web page with the consent button | This indicates the 'point of consent' - hopefully a button where the user clicked "I agree" or "I consent" (i.e. the biggest lie) |
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| URI Location | The domain of the organization issuing the receipt | This identitifies the organization accountable for the fulfilling the committements of the receipt/notice | [#receipt]!:uuid:1234<#location><$uri>&/&/"....." |
| Consent Type | What kind of consent has been received | To record the type of consent or whether there is an exception to the requirement for consent. | |
| Purpose | The purposes for which the personal information is being collected. | [#receipt]!:uuid:1234[<#purpose>]<@0>&/&/"We need to process your payment." [#receipt]!:uuid:1234[<#purpose>]<@2>&/&/"We need your data to prevent fraud." [#receipt]!:uuid:1234[<#purpose>]<@3>&/&/"We will advertise to you." | |
| Timestamp | When consent was obtained | To record when the user, either by implication or explicity, granted consent for the purposes described. | |
| Privacy Policy | The issuing entity's privacy policy (by reference to URI) | If not available, should provide a notice that it is missing | |
| Cookie Policy | The issuing entity's cookie policy (by reference to URI) | If not available, should provide a notice that it is missing | |
| Terms of Service | The issuing entity's terms of service (by reference to URI) | If not available, should provide a notice that it is missing | |
| Do Not Track | Does the issuing entity respect DNT? | If not available, should provide a notice that it is missing | |
| Sensitive | Categorize the information collected as senstivie or not | Medical, financial information for example | |
| Jurisdiction | The jurisdictions of the data protection authority for the data controller and data subject |
Full Content (proposed development
| Field Name | Description | Purpose/Explanation | Format of Field | Example | Legal Reference for Field | Tech Ref | Next Step | Comments | |
|---|---|---|---|---|---|---|---|---|---|
| DP_Domain_Accountable for Consent | URL of the domain where consent is provided Consent. If this is physical space, then physical location needs to be included, along with digital domain of service provider/data controler. | Header/Admin/entity identifier,location of domain, physical space where the consent is provided. | |||||||
| Location: | is this a physical location | ||||||||
| ConsentPref_ThirdParty | Yes/No share with 3rd partie | ||||||||
| Third Party Sharing - Link List | A list of third parties, that data is shared with. | This is a critical element for having a consistent scope for data sharing and enabling people to manage/check third parties post consent. | html link, contact info, policy info | A format and form for Linking third parties needs to be created. | |||||
| ConsentPre_etc | ConsentPref captured during the consent recording/transaction | This field is for capturing consent preferences at the point of consent. This is only used when making a live record of consent. | Comment by John; Comment by Mark etc | ||||||
| Consent type: Explicit, Implied, Exception | Assumed Explicit consent fro alpha version | for live consent, this explicit, althought there are post, pre, consent notices and development which may need a different consent type. | |||||||
| Data Processing consented to: Purpose | What are the top level purpose(s) for the consent | Note; There are some jurisdictions that require multiple consents for multiple purposes. | |||||||
| Processor ID if different than Domain Id : Listed DP | The identification of the data processor | entity in charge | |||||||
| User ID: | id (email) of the user in the consent form | non-repudiation | |||||||
| Transaction ID: GUID | the specific consent ID | (or transaction id) | |||||||
| Use Reference: type of use ID | Note how is this different than purpose? | ||||||||
| Date:TimeStamp | time and date of consent | ||||||||
| Policy URI’s: PP, TOSA, Cookies | Url of policies, these are used to grab a copy of the policies and to store them in the registry record. | ||||||||
| Address & Contact details of SP | Unless different DP this should be the same as the DP | ||||||||
| IP of DS | IP of person making consent - Jurisdiction of the IP address | In order to compare compliance of policy of the Service provider against the jurisdiction of the individual | |||||||
| Data Type: Personal Information(PI), (SPI) Sensitive Personal Information (Y/N) | Data sensitivity (privacy category) |
Header Information
DP Domain:Domain URL
DS Consent Preferences: {array to be determined}
Processor ID: Listed DP
User ID: Consenting identifier
Transaction ID: GUID
Sequence #: 0 for new receipt +1 every time it is used
Use Reference: type of use ID
Date:TimeStamp
Consent type: Explicit, Implied, Exception
Policy URI’s: PP, TOSA, Cookies
Data Processing consented to: Purpose
Address & Contact details of DP
IP of DS
Data Type: Personal Information(PI), (SPI) Sensitive Personal Information (Y/N)
Extended By Other Services
Jurisdictional specifics
Reputations
Icons
Short Notices
Trust Frameworks
Glossary
Minimum Viable Consent Receipt(MVCR)
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