7.2 Notice and Consent

Before · SP 800-63A

After · SP 800-63A-4

Notice and Consent

Before · SP 800-63A

After · SP 800-63A-4

These guidelines require the CSP to provide explicit notice to the applicant at the time of collection regarding the purpose for collecting and maintaining a record of the attributes necessary for identity proofing, including whether such attributes are voluntary or mandatory and the consequences for not providing the attributes. Additionally, Sec. 3.1.11 requires CSPs that collect or process biometric data to provide detailed, publicly available information about this process. An effective notice considers user experience, design standards, research, and an assessment of privacy risks that may arise from the collection. Various factors should be considered, including incorrectly inferring that applicants understand why attributes are collected and that collected information may be combined with other data sources. An effective notice is never only a pointer leading to a complex, legalistic privacy policy or general terms and conditions that applicants are unlikely to read or understand.

Consent allows individuals to participate in making decisions about the processing of their information and transfers some of the risk that arises from the processing of personally identifiable information from the organization to an individual. At a minimum, these guidelines require CSPs to obtain consent from users prior to collecting and using biometric data and prior to recording an identity proofing session, as provided in Sec. 3.1.11. RPs should provide additional guidance to applicants on available choices for the selection of CSPs, identity document requirements, related privacy notices, and alternative means of accessing services.