[WG-InfoSharing] Read This One - Privacy is not 'Agreement' & Consent is not 'Permission' - A Call for Identity Industry Privacy Best Practice

Andrew Hughes andrewhughes3000 at gmail.com
Thu Mar 28 15:40:33 UTC 2019

Hi Mark - I'm confused.
In this work group, I'm pretty sure that we have never equated "Privacy" to
"Agreement". And also, we have been gradually working towards acknowledging
when "permission" is the thing actually happening instead of "consent".
Could this be happening in other groups you participate in?

*Andrew Hughes *CISM CISSP
*In Turn Information Management Consulting*

o  +1 650.209.7542
m +1 250.888.9474
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AndrewHughes3000 at gmail.com
*Digital Identity | International Standards | Information Security *

On Thu, Mar 28, 2019 at 3:35 AM Info at SS <info at smartspecies.com> wrote:

> I am sending this again - with a fix to some auto-correct text fixing
> issues that has occurred with this email account  Also, I am sending this
> from a different email account as OpenConsent email address are blocked
> from sending to the CISWG list at this time
> ***
> Dear CISWG,
> It’s been a bit quite in this work group, I think in part this because a
> tension has grown between efforts working on contact, and those working on
> consent.  The topics around this tension are becoming popular as they are
> being discussed in the IEEE WG and VRM.
> Its clear now that there is a *big fat gap* in identity management when
> it comes to privacy best practices.  After almost a decade of consent
> advocacy in the Identity Management industry, it is also clear that the
> identerati have a hard time distinguishing consent from permission and
> privacy from agreement.  Which is not a surprise because from IdM centric
> perspective they look the same.
> One effort which has done a great job at distinguishing the two is the
> FIHR project and the creation of consent directives
> <http://wiki.hl7.org/index.php?title=FHIR_Consent_Directive_Implementation_Guide> which
> is a privacy based contract approach.
> Ultimately,  *Privacy is not Agreement and consent is not permission.*
> Even though they look a like from an IdM perspective.
> A key difference is that *privacy* is based on rights and these laws are
> related to (define) the state of governance or the relationship state.
> Agreements are contract based items that are used to maintain a state.
> This state has often been referred to as the 'social contract' and the
> 'community bargain’ or new deal on data.
> Privacy and agreement can be combined, but, contract doesn’t replace
> privacy, and contracts that ignore privacy are what we call in VRM as click
> bait online.  Eg. - click this to agree to privacy.  This is fake privacy,
> and ultimately this is the work - called Open Notice and the Biggest Lie,
> that led me to the consent receipt work to this WG.
> This is why as of next week, we (OpenConsent) are starting to make privacy
> profiles for companies and institutions.    If anyone is interested in
> trying out a privacy profile please get in touch.
> Apart of this effort to create privacy profiles, is to support/instigate
> an effort to generate an Identity Management Industry code of practice, to
> which privacy can have some default settings.  (Like Blinding Identity) I
> would like to be apart of such an effort to address the benign evil in IdM.
>   Is this something people would be interested in creating in this WG?
> Is this something we should start here?
> Kind Regards,
> Mark Lizar
> CEO - OpenConsent.com <https://openconsent.com/>
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