Understanding Consent record – ISO/IEC TS 27560

ISO IEC TS 27560 2023 & India’s DPDPA: Reinventing Transparent Consent Management

Every time you download an app, create an account, or shop online in India, you’re asked to share personal data—your phone number, Aadhaar ID, location, or payment details. While this powers seamless digital services, it raises concerns: “Who controls my data after I click ‘I Agree’?”

Most consent mechanisms today are opaque, buried in lengthy terms, and rarely revisited. However, with the introduction of India’s Digital Personal Data Protection Act (DPDPA) 2023, a shift toward transparency and accountability is now essential. At the same time, the global standard ISO/IEC TS 27560:2023 (Privacy Technologies — Consent Record Information Structure) provides a structured approach to achieving this transformation.

What Is ISO IEC TS 27560 2023?

Launched in August 2023, this international framework ISO/IEC TS 27560:2023 standardizes how organizations document, manage, and share consent records for personal data processing. However, it aligns with India’s DPDPA 2023, reinforcing transparency and accountability in consent management.

Specifically, it ensures:

• Tamper-proof, auditable logs of user consent, ensuring transparency and reducing legal risks.
• Simplified consent receipts, clearly written in plain language for better user understanding.
• Interoperability with India’s emerging Consent Manager ecosystem, as mandated by DPDPA.

Two Pillars of the Standard

1. Consent Records (For Organizations)
Mandatory logs capturing:

• What data is collected: Name, phone, Aadhaar (masked), financial details, etc.
• Purpose: Aligned with DPDPA’s “lawful uses” (e.g., consent, legitimate business interest).
• How consent was obtained: OTP verification, digital signatures, checkboxes, etc.
• Retention timelines: As per DPDPA’s “necessary retention period” principle.
• Third-party sharing: Records of data shared with “Data Fiduciaries” or “Consent Managers.”

Records must be version-controlled, also linked to the exact privacy notice, and stored securely.

2. Consent Receipts (For Individuals)
A user-friendly summary including:

• Unique Reference ID to track consent status via India’s proposed Consent Manager platforms.
• Purpose in clear language (e.g., “KYC verification for banking services”).
• Data Storage: Locations (e.g., Mumbai data centers) and safeguards (encryption standards).
• Withdrawal Mechanism: Direct links/QR codes to revoke consent per DPDPA’s Section 8(7).

Why This Matters for DPDPA Compliance

For Indian Users

• Right to Erasure & Portability: Consent receipts simplify data deletion or transfer requests.
  
• Grievance Redressal: Tamper-proof records strengthen claims if data is misused (e.g., spam calls post-consent).
  
• No More Dark Patterns: ISO 27560 ensures consent is freely given—aligning with DPDPA’s ban on deceptive design.

For Organizations

• Avoid Penalties: DPDPA fines up to ₹250 crore for non-compliance. Structured consent records provide audit-ready proof.
  
• Data Fiduciary Obligations: Simplify obligations under DPDPA’s Sections 4-7 (Notice, Consent, Limitation of Use).
  
• Cross-Border Compliance: Map consent records to storage localization norms (e.g., critical data in India).

How ISO 27560 Aligns with DPDPA’s Framework

1. Lawful Basis Clarity: DPDPA allows processing via consent or “legitimate uses.” ISO 27560 logs the exact basis, preventing ambiguity.
   
2. Consent Managers: India’s proposed Consent Manager ecosystem (Section 8) relies on standardized records for seamless user dashboards.
   
3. Breach Accountability: Tamper-proof logs help identify if breaches stem from consent violations, limiting liability under DPDPA’s Section 10(2).

Real-World Use Cases in India

Example 1: Fintech Apps

• Consent Record: Logs your approval to share PAN and Aadhaar (masked) with RBI-regulated entities for KYC.
• Receipt: “Data Used: Masked Aadhaar. Purpose: RBI-mandated KYC. Stored in India for 10 years as per PMLA.”
• Withdrawal: Use the receipt’s QR code to revoke access post-account closure.

Example 2: Telemedicine Platforms

• Consent Record: Specifies that health data is shared only with registered practitioners and stored in HIPAA-compliant servers.
• DPDPA Alignment: Limits processing to “legitimate use” (medical care) without additional consent.

The Bigger Picture for India’s Digital Economy

• Prevent Exploitation: Stop misuse of voter data, health records, or financial info by enforcing granular consent.
  
• Startup Advantage: SMEs can adopt ISO 27560 early to avoid compliance debt as DPDPA enforcement tightens.
  
• Global Trust: Align with global standards while meeting India’s localization and transparency mandates.

Embracing Ethical Data Practices Under DPDPA

By adopting ISO/IEC TS 27560:2023, Indian organizations can transform consent management from a compliance burden into a trust-building opportunity. Not only does this empower users to reclaim control over their personal data, but it also provides businesses with a clear framework to avoid penalties and foster long-term customer loyalty.

One effective way to implement this standard is through Concur Consent Manager, which not only streamlines DPDPA 2023 compliance but also enhances user transparency by offering:

• Automated consent logs and receipts in 12+ regional languages.
• Prebuilt workflows to support the “Right to Grievance Redressal” (Section 13).
• Customizable dashboards for streamlined consent management.