Overview#
Data Privacy is information relevant or pertaining to privacy aspects of a given data valueData 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 consequenceIndividual 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 dateAcceptable 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.
