Contents
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- List Consent Receipts in your RN personal cloud: http://open-notice.github.io/respect-network-receipts/
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- Consent notice details can be appended to the MVCR to accommodate different personal data sensitivity, data sharing and additional contextual compliance requirements.
- A context field is a field in the MVCR indicating that there are contextual conditions and exceptions to consent that can be listed and applied by an organisation to the context of receiving consent (e.g. medical emergency overrides). In the MVCR the context is a flag with yes or no. If yes, the provider is stating that they implement a check list of contextual consent requirements. Additional contexts can also be added to a consent receipt.
- Organisations can append trusted services links/icons to the receipt and further extend the assurance provided to capture multiple consent notice types e.g. cookie, terms of use.
Specification by example (SBE) is a collaborative approach to defining requirements and business-oriented functional tests for software products based on capturing and illustrating requirements using realistic examples instead of abstract statements. It is applied in the context of agile software development methods, in particular behavior-driven development. This approach is particularly successful for managing requirements and functional tests on large-scale projects of significant domain and organisational complexity.[1] (https://en.wikipedia.org/wiki/Behavior-driven_development)
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| Field Name | Description | Purpose/Explanation | Reason Why This Field is Required | Cloud Receipt Capture & Sign: Format example in (XDI) Note: following lines all prepended with ([=]!:uuid:1111/[+]!:uuid:9999) |
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| Data Subject | Name or pseudonym of the user at minimum, | Data Subject is primary party to consent | Is the consent contributor and primary party of the consent, (which is why this is the first field of the MVCR) if not signed by Data Subject then its use post consent may be limited. | Data Subject: Alice [=]!:uuid:1111 |
| Address (and jurisdiction) of Data Controller | Name of the entity issuing the receipt | Should be the entity/organization that is in control of the personal data and is responsible for consent compliance. | Is the Data Controller and is the primary party responsible for administration of the consent | Data Controller: Amazon [+]!:uuid:9999 |
| Purpose | The purposes for which the personal information is being collected. | this is a single purpose at minimum linked to the short purpose notice, or policy of purpose. | A purpose notice is a basic and common legal requirement and functionally a requirement of consent. | [#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." |
| Location of Consent | The location of the consent provision. from which the consent receipt originates.(For example 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) Can be a URI, URL, URN, This can also be a physical space where surveillance legal notice requirements exist (EU) - Global Positioning System (GPS) |
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| Sensitive Personal Data Flag (Y/N) | Flag to categorise the information collected as sensitive or not (Y/N) | Each jurisdiction has classifications of sensitive personal information: The generally include health, financial, Child Protection, Religious, Union categorisations | If Yes, then additional notice requirements are needed to confirm its compliance status. If No, then the consent is automatically compliant | |
Third Party Sharing | Flag whether data is shared with third parties. (Y/N) | If true, then compliance is dependent upon additional notice requirements not present in a MVCR. This can be addressed with the "Third Party Sharing" extension. | If Yes, then additional notice requirements are needed to confirm its compliance status. If No, then the consent is automatically compliant | |
| 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 (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing | Is the minmum Policy (or short notice) Needed to create a consent receipt. | |
| Operational Context Flag | Flag wether the Operational Requirements are present or not. (Y/N/Unknown) | For the presentation of consent there are contextual and prescriptive requirements in legislation, a check list of these elements is being crated in this draft below. | Consent has contextual compliance requirements for the notice to be sufficent. These depend on the location and format of the consent notices An organisation displays agreement (or not) to implement these OC requirements and this is reflected on the consent receipt. |
The MVCR Format Notice Requirements
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are currently in progress
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Full . The full reference table can be found here:
. The table below may not be current
Notice Requirements Receipt Meets | Description | UK UK DPA 1998 | EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML | USA For Sharing Personal Sensitive Information with 3rd Parties | Canada | APEC | P3P | FTC FIPPS | OECD FIPPS | |
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Contact of Data Controller (DC) | Legally required to provide contact details of the DC | Schedule 1, Part II, 2.3 a)the identity of the data controller, | X | |||||||
Address of Data Controller (DC) | Legally required to provide contact details of the DC | (b)if he has nominated a representative for the purposes of this Act, the identity of that representative, | X | |||||||
Purpose(s) | Legally required to provide purpose for data control | (c)the purpose or purposes for which the data are intended to be processed, and | X | |||||||
Third Party Legal Requirements Transparency | This is a flag to see if additional notice extensions are requirements to assess compliance | (d)any further information which is necessary, having regard to the specific circumstances in which the data are or are to be processed, to enable processing in respect of the data subject to be fair. | X | |||||||
Sensitive Personal Information Collection Transparency | This is a flag to see if additional notice extensions are requirements to assess compliance | X | X |
Extensions for the MVCR
An extension can be appended to the MVCR to strengthen the compliance of a consent receipt,to enable an organization to meet policy or other goals that are not regulatory requirements, but may be deemed to be best practices, or provide a better user experience for the data subject.
Extension Types
Operational Context:core extension
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| Core Extensions | Extend the MVCR |
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| Operation Context | Core extension
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| Trusted Services |
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| Trust Framework Extensions | |
| Usability |
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| Extensions that increase usability and |
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| adoption of the consent receipt |
Core Extensions
In each jurisdiction there are sensitive types of personal information found in privacy and data protection law. Each sensitive type corresponds to a jurisdiction, is defined by an industry, and has prescribed context requirements for the use of a notice. Core extensions can be added to the MVCR to meet more complex notice requirements and meet the requirements of multiple regulatory jurisdictions. .
Core extensions can be used by policy makers to localise the use of consent notices to operational contexts
Operational Context (OC): Legal
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Requirement for the MVCR Context (in progress)
this This is essentially a check list of provisions for the implementation of a consent notice, it is fundamentally It will be used to assure provide assurance that the consent is fair is fair and reasonable. There There are specific and existing policy requirements policies that are formalled used to create this checklis. Each jurisdiction has prescriptive text which need checklist. Many jurisdictions have prescriptions for the text required to accompany specific types of consent as well as legally written terminology for these requirements. With notices there are also contextual and prescriptive requirements in legislationterms defining those requirements. This is also the case with notice requirements.
As a part of creating a receipt for a service user data subject an organisation displays that they have agreed to implement (or not) the OC requirements checklist that accompanies the receipt. This is a flag yes or no, If yes then their there is a self assertion that the notice will be provided in a fair manner with all of the required considerations as prescribed in law in that jurisdiction. This is then reflected on the consent receipt.
Instructions: This is a self asserted option, the Operational Context is a yes or no flag that the receipt provisioner turns on or off.
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Operational context is dependent on the location of consent, the use of personal data, the origin of the data, and type of data provided. As Context of a consent can vary significantly operational requirements will also vary.
Fair &
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Reasonable Consent
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Conditions
This table will collect a check list of these elements is being crated in this draft below.
Context: Location Specific | Description | UK Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31995L0046:EN:HTML | EU | USA | Canada |
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website consent form | To provide notice at point of consent the consequences of not provisioning consent | X (put in legal ref) | X | ||
website consent form | To indicate what is required and optional information to provide for consent | X | X | ||
mobile application | |||||
Entering Physical Space | Sign posted upon entry to physical space |
Core Extensions
In each jurisdiction there are sensitive types of personal information found in privacy and data protection law. Each sensitive type corresponds to a jurisdiction, is defined by an industry, and has prescribed context requirements for the use of a notice. Core extensions can be added to the MVCR to meet more complex notice requirements and meet the requirements of multiple regulatory jurisdictions. .
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Trusted Services
3rd party trusted services can also be used to extend the compliance or trust inherent to corporate process and these can be added in the form of linked Icons to a MVCR.
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The various table currently include.
Usability
Usability of a consent can be from addint adding a protocol, or a compliance level, or a receipt capture option. In the table below a 'Consent Receipt Request' extenstion that was developed at the Data privacy Legal Hackathon is listed. (Example 3:
Extension
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Road Map
List of current or planned extensions
| Priority | Extension Type | Field Name | Description | Instructions | Legal Requirement Jurisdiction (this item must be listed on LR table) | Context (this item must be listed in the Operational Requirements table) | (usability/Interoperability Benefit) | XDI Example |
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| 1 | Core Extension | Jurisdiction | The jurisdictions of the parties: the data protection authority is mandatory. |
| All | Usability: enables receipt to be used as evidence or for the purpose of legal data controls out of context of the consent event. | ||
| 2 | Core Extension | Collect Sensitive Personal Data |
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| 3 | Core Extension | 3rd Party Trusted Services Extension (this is the functionality for Registry) | ability to add trusted services to the minimum viable consent receipt | This incorporates 3rd party sharing and purpose listing format | ||||
| 4 | Usability Extension | Consent Receipt Request Extension | This is a button a user can press to request a consent receipt from a business |
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| This is for all contexts of the MVCR | Usability | |
| 5 | Operational Context Extension | Policy Extension for Consent Cookie Policy Link | The issuing entity's cookie policy Link (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing or self assert an icon | Legally in the EU a cookie requires explicit assent |
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| 6 | OperationalContext Extension | Policy Extension for Terms of Service Link | The issuing entity's terms of service (either inline copy, or reference to URI) | If not available, should provide a notice that it is missing | Legally Terms need to be open and accessible in order to be fair and reasonable. |
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| 7 | keep copy of all notices with receipt | Store all notice data option as a part of signed receipt |
Examples:
This is a specification by example, all examples need to be listed and demoed in this section.
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Specification Examples
Open Notice
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Web Site
Consent Receipt - Technical Demo
Demonstration
- Provides a simple consent receipt to show compliant policy (in progress) http://on.smartspecies.com/receipt-example/
- Show Directory of Supporters with consent to appear directory managed by supporters personal data store (in progress)
MVCR Consent Receipt Template
The MVCR has a base template v.1 that we have using to wireframe consent receipts: V.1
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Respect Network (RN) Technical Demo:
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- Store a Consent Receipt in your RN personal cloud using XDI: http://amazon-respect-consent.herokuapp.com/
- List Consent Receipts in your RN personal cloud: http://open-notice.github.io/respect-network-receipts/
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Amazon Respect Use Case: With the Respect Network and Open Notice
(Note: Amazon Respect is a Fictitious organisation used here only as an example)
(http://open-notice.github.io/consent-receipt/amazon-mock/signup.html)
Implementation of consent receipt which is signed & created by a DC and stored in a personal Cloud.
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The compliance scale is based on the ICO table of compliance http://ico.org.uk/for_organisations/data_protection/working_with_the_ico/~/media/documents/library/Data_Protection/Detailed_specialist_guides/auditing_data_protection.pdf
Trusted Services Appendix
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