Data Privacy


Data Privacy is information relevant or pertaining to privacy aspects of a given data value

Data Privacy is the relationship between the Data Collection and data disclosure of data the Data subject's expectation of privacy, legal and political issues surrounding them.

Data Privacy involves Data Protection but is more concerned with the Privacy. Data Privacy is complex and often must be aligned with Legal and/or Regulatory compliance in addition to an Organizational Entity's Privacy Policy

Data Privacy Legal and/or Regulatory compliance are largely based on "Fair Information Practice" that was first developed in the United States in the 1970s by the United States Department of Health and Human Services (HEW). The basic principles of Data Protection are:

  • For all data collected there should be a stated purpose.
  • Data Collection from an individual cannot be disclosed to other organizations or individuals unless specifically authorized by law or by consent of the individual
  • Records kept on an individual should be accurate and up to date
  • There should be mechanisms for individuals to review data about them, to ensure accuracy. This may include periodic reporting (Data Subject Access Request)
  • Data should be deleted when it is no longer needed for the stated purpose (Data Disposal)
  • Transmission of personal information to locations where "equivalent" personal Data Protection cannot be assured is prohibited
  • Some data is too sensitive to be collected, unless there are extreme circumstances (e.g., sexual orientation, religion or other Civil Rights)

Privacy Paradox#

Data Privacy is difficult to do and often the Privacy Policy may cause Unintended consequence

Individual Consented#

Relying Party may have specific legal, policy, or business requirements regarding whether a user consented to the release of a specific value. This element enables organizations to meet those requirements, ensuring that they’ve gained express consent from an Entity. Recommended values include:
  • Yes - The individual expressly consented to the release of the attribute’s value for the purposes of the transaction.
  • No - The individual has not expressly consented to the release of the attribute’s value.
  • Unknown - It is not known by the Data Processor whether or not the individual has expressly consented to release of the Attribute Value.

Date Consented#

In addition to requiring information around whether the individual has consented to release of the Attribute Value, some Relying Partys may wish to understand when that consent was received. Individual sentiments towards privacy and specific pieces of data may change over time. As a result, organizations may wish to employ the date consented metadata element when leveraging an attribute value in an access or eligibility decision. GDPR requires a Express Consent date

Acceptable Uses#

This explains to Relying Partys what business cases the metadata can be used to support according to Privacy Policy restrictions conveyed by the Attribute Provider.

For example, the Attribute Value might purely be useful in authorization, determining a user's eligibility for services; alternatively, values might be eligible for use beyond the initially intended purpose, or not eligible for any further disclosure. Additionally, organizational Entity or Trust Frameworks might also create their own categories of Acceptable Use based on their policies.

Recommended values for this element include:

  • Authorization - The value can be used to determine user eligibility for services or privileges and can be used to provide those services.
  • Secondary Use - The value may be used for purposes beyond that for which they were initially divulged. Additional use requires separate, explicit consent from user at initiation.
  • No Further Data disclosure - The attribute value should not be passed on to other parties for any purpose unless required by law.

Cache Time To Live#

This metadata element describes the length of time which a specific Attribute Value may reside in cache memory for use again in future transactions. Due to the sensitivity of certain attributes values, this metadata element enables the parties involved to properly cache and handle the values they are sending and retrieving as part of their transactions. Unlike many of the other metadata elements in this schema, the cache time to live enables attribute providers to express requirements to the RP around the protection of the information they are delivering as part of an assertion. In some cases the time to live may be dictated by regulation or law and this information needs to be relayed to RP systems so data are handled accordingly. The more sensitive an attribute value, the shorter time it will likely be enabled to live in temporary memory. As an example, the cache time to live for something like a credit card CVV may be just a couple of seconds, whereas the cache time to live for birth date may be substantially longer — potentially hours or days.

Data Retention Date#

This refers to long-term holding of data. Minimizing data, and indicating the retention time for this data, is a generally accepted privacy tenant. Some attribute values produce little to no privacy risk for individuals, and can potentially be used forever without producing any negative consequences. Other values are more likely to produce problems for individuals; a Data Retention Date ensures that this Sensitive Data is disposed of at a certain point.

Right of access#

Right of access provides the ability of the Data subject to obtain from the Data Controller confirmation as to whether or not personal data concerning him or her are being processed.

More Information#

There might be more information for this subject on one of the following: