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Authors: Iain Henderson and John Wunderlich, Jan 2021
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This body of work proposes an approach that would allow all parties to benefit from the ability to turn the selection of data controller scenarios into a pick list.
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This pick list could become yet more useful by rendering it in machine readable format.
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This is made possible because GDPR provided an anchor; it did so by mandating that all data subject > data controller data sharing scenarios must set out the legal basis under which that share is being made.
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Six legal bases have been set out in GDPR.
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Every privacy regulation is rooted in understanding What Data Is Being Gathered, and What Is Being Done With It (i.e. data type x data purpose).
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Under GDPR, every articulation of data type x data purpose must be overt, and must be accompanied by one of the six legal bases.
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Thus, if one can find or create a) a usable listing of personal data types, and b) a usable listing of personal data purposes, then one can create a combination list by adding each of the six legal bases to the type x purpose .listing.
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Regulations and case law will enable black list/ white lists of good patterns/ dark patterns to be flagged on each permutation.
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The detail of the above is set out on these various worksheets.
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In this variant we have identifed 15 x data type, and 22 data purposes.
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This amounts to some 3,696 permutations (allowing public sector and private sector variants for each permutation.
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Whilst this might appear a large number to choose from, if expressed in machine readable form this number can be multiplied many times over to allow more granularity without changing the logic.
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