Transparency Performance Reporting Terms and Definitions (wip)
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3. Normative References
3.1 Council of Europe Convention 108+ Convention for the protection of individuals with regard to the processing of personal data
Council of Europe, Convention 108+, an international treaty expected to be fully ratified in 2025, provides a formal global security and privacy framework.
It provides the standard instructions and requirements for the signatory countries to implement adequate interoperable privacy law and/or privacy law.
The treaty, in particular transparency of processing, and notification requirements, guides and provides the logic of the performance report and its measures as referenced in the appendix.
It provides an international measure of adequacy in common legal practice.
3.2 ISO/IEC 29100:2024 Security and privacy technique
This standard is open and free to access “relates to PII in all ICT environments, specifying a common privacy terminology; defining the actors and their roles in processing PII; describing privacy safeguarding requirements; and referencing known privacy principles, covering;[AG1]
· Actors and roles; (See Annex
· Interactions;
· Recognising PII;
· Privacy safeguarding requirements;
· Privacy policies;
· Privacy Controls.
· Source bibliography
3.3 Non- Normative
3.4 EUDPR 2018
· GDPR (General Data Protection Regulation) covers private sector entities and Member State public authorities.
· EUDPR (European Data Protection Regulation) focuses on EU institutions' internal operations, ensuring their compliance with data protection standards. While also mirroring the GDPR, the EUDPR includes specific rules for the governance of "operational personal data," which pertains to law enforcement tasks carried out by EU bodies like Europol or Eurojust. These provisions are distinct from GDPR's general framework (Article 70-94)
3.4 Kantara Initiative, Minimum Viable Consent Receipt, & Consent Receipt Specification [1]
(published in ISO/IEC 29184:2020 Online privacy notice and consent appendix, then utilized in ISO/IEC 27560 providing for a common transparency (notice and consent record) schema for Controller identification used to make the report.
Previously presented in support of Canadian meaningful consent regulation in 2017. https://www.priv.gc.ca/en/about-the-opc/what-we-do/consultations/completed-consultations/consultation-on-online-reputation/submissions-received-for-the-consultation-on-online-reputation/or/sub_or_15/
4. Terms & Definitions
4.1 - Acronyms
ANCR – Anchored Notice and Consent Receipt
CAI - Commissionaire
CCIA - compulsory controller identification attributes - (recommend updating in 6.2.1 )
EDPB - European Data Protection Board
The EDPB’s goal is to ensure a consistent application and enforcement of data protection law across the European Economic Area, EEA. [https://www.edpb.europa.eu/edpb_en
GDPR: General Data Protection Regulation
ISO/IEC – International Organization for Standardization/International Electrotechnical Commission
European Union Privacy Regulation in force since 2018: GDPR - https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
PII – Personally Identifiable Information
SPAP: Security and Privacy Access Point
TPI-Risk Reporting M Transparency Performance Indicator - Reporting Methodology
Bench march repoorting Methodology for valid consent, that can be applied to all legal basis of processing, using the international law, and open ISO/IEC standard for assessing valid consent in the use of digital identification technologies
TPI - Transparency Performance indicators
There are 4 Transparency Performance Indicators specfied here in this methodology
TPI-RB Report
Transparency Performance Indicator Report Benchmark, for Valid Consent
4.2 Terms and Definitions
Note: These terms and definitions introduce clarity to terms for the context of transparency to measure the validity of legal consent in context of digital identification technologies.
As a result the terms here refer more precisely to digital identification management as required to articulate the process of generating, a record of a digital notification as a record of a processing activity, in order to legally assess the compliance of identification management record, identifiers and the scope of their use
PII Controller identification record
PII controller identification requires; physical address, contact, privacy access point so as to be transparent about the policy jurisdiction, and authority used to process personal data.
Required to provide Scope of Jurisdictional Disclosure
now available in a standard ISO/IEC 27560 Consent record information structure. (but requires an ANCR profile)
Generates a record of what was notified and when, the location of the stakeholders involved at the moment.
‘Notified’ Record of Processing Activity,
or Proof Of Notice, which provides evidence as to the validity of the authority to process/ surveil people.
Notified Record of Processing Activity, Indicators
First Presented and recorded Notice of Controller Identification
Notified Authority
Notified Jurisdiction Transfer
Notified Scope of Disclosure (by which party)
PII Principal identification permission,
turn on, and off, (not opt-in) to be identified
Transparency Performance Indicator
meaningful consent
Notice Presentation Record
Valid Consent
Permission
Preference
Identification
Pii principal attribute
PII principal
online privacy and security transparency
sovereignty
Transparency Performance Reporting
transparency performance indicators
Transparency and Notice Types
· Controller identification presentation notice
· notification,
· disclosure
· statement
· governance – transparency policy
notice before identification (or upon first notice)