Privacy by Design
This SKILL.md is the entrypoint for the Privacy by Design skill.
The skill provides structured assessment references for the 7 Foundation Principles of Privacy by Design (Cavoukian, 2009). Consumers that explicitly load it can assess privacy practices across the software lifecycle. It complements privacy-standards with principle-level criteria, retention and disposal checks, regulatory mappings, a finding schema and implementation patterns. Current agent wiring is described under Integration below.
[!NOTE]
This skill is a planning aid, not legal advice. Its standards summaries support privacy reasoning and review preparation; they do not substitute for qualified legal counsel or a formal regulatory interpretation.
Goal
Produce an evidence-based assessment against the 7 PbD Foundation Principles, with per-principle verdicts, explicit evidence gaps, deficiency severity, and remediation for established deficiencies. Assessment labels describe this planning rubric, not legal certification.
Success criteria
- All 7 principles have a verdict, evidence completeness, and severity (
N/A when no deficiency is established).
- Each FAIL or PARTIAL finding includes a specific, actionable remediation.
- Findings use the structured schema defined in
finding-schema.md.
- Cross-jurisdictional obligations are identified for the applicable regulatory scope.
- Retention and disposal are assessed for any system that stores personal data.
- An overall assessment verdict (COMPLIANT / PARTIALLY_COMPLIANT / NON_COMPLIANT / INCOMPLETE) is determined without treating missing evidence as a failed control.
- Finding, principle, checklist and severity counts reconcile under the finding schema.
When to use this skill
Use when you need to:
- Assess a system, feature, or data flow against the 7 PbD Foundation Principles
- Verify that privacy is embedded proactively (not bolted on after incidents)
- Check data retention schedules, disposal methods, and legal hold procedures
- Map privacy requirements across GDPR Art. 25, CCPA/CPRA, and Australian Privacy Principles
- Generate per-principle PASS/PARTIAL/FAIL/INSUFFICIENT_EVIDENCE results with evidence-backed severity
- Identify code-level and configuration-level privacy patterns or anti-patterns
- Produce backlog items from privacy assessment findings
Do not use for:
- General privacy standards mapping without principle assessment (use
privacy-standards)
- Security threat modeling (use
security-planning or OWASP skills)
- RAI assessment (use
rai-planner)
- Legal advice or regulatory compliance certification
Stop rules
- Stop the assessment if the system boundary cannot be established.
- Stop and escalate if processing occurs in a jurisdiction not covered by this skill's mappings.
- Do not fabricate evidence; record
INSUFFICIENT_EVIDENCE and the evidence needed. Continue supported checks without inventing deficiency remediation for unknowns.
- Do not provide legal opinions; frame all findings as planning guidance requiring qualified review.
- Do not duplicate security findings that the
security-planning skill already covers; cross-reference them.
Normative references (PbD 7 Foundation Principles)
- 00 Principle Index
- 01 Proactive Not Reactive
- 02 Privacy as the Default
- 03 Privacy Embedded into Design
- 04 Full Functionality
- 05 End-to-End Security
- 06 Visibility and Transparency
- 07 Respect for User Privacy
Operational references
Supplementary references
Skill layout
SKILL.md — this file (skill entrypoint).
references/ — the PbD normative documents, operational guides, and supplementary material.
00-principle-index.md — index of all principle identifiers, categories, source mappings, and cross-references.
01 through 07 — one document per PbD Foundation Principle with checklist, controls, anti-patterns, and regulatory mappings.
assessment-protocol.md — phased assessment protocol for agents conducting PbD reviews.
finding-schema.md — YAML-based finding and summary schema for structured output.
implementation-patterns.md — code-level and configuration-level patterns agents can verify.
data-retention-and-disposal.md — Principle 05 deep-dive: retention schedules, disposal methods, legal holds.
cross-jurisdictional-mapping.md — regulatory equivalence matrix across GDPR, CCPA/CPRA, and APP.
industry-privacy-profiles.md — telco, healthcare, financial sector profiles with .pbd-config.yml customization schema.
Citation-field vocabulary
Use these fields when capturing a finding so the reviewer can assert a stable source-control reference:
pbd_principle: Principle number (1–7) with short name, e.g., PbD-01 Proactive Not Reactive
gdpr_article: GDPR article reference, e.g., Art. 25
app_principle: Australian Privacy Principle number, e.g., APP 1
ccpa_section: CCPA/CPRA section reference
Finding severity conventions
| Severity | Meaning |
|---|
| CRITICAL | Established deficiency with severe direct risk, or FAIL under an effective CRITICAL industry priority |
| HIGH | Principle is violated with direct risk to data subjects |
| MEDIUM | Principle is partially met; gaps exist that could lead to non-compliance |
| LOW | Minor gap; principle intent is largely met but documentation or controls could improve |
| N/A | No deficiency established, including PASS and unknown-only results |
Data sensitivity informs the impact of a proven deficiency; it does not create one. Preserve CRITICAL in records and summaries. CRITICAL and HIGH map to P1, with CRITICAL ordered first; MEDIUM maps to P2 and LOW to P3. PASS and unknown-only results do not create remediation backlog items.
Finding verdict conventions
| Verdict | Meaning |
|---|
| PASS | All applicable checks are MET, with no unresolved evidence or anti-patterns |
| PARTIAL | A deficiency is established but the FAIL threshold is not met |
| FAIL | More than half of applicable checks are NOT MET, or an uncompensated critical anti-pattern is established |
| INSUFFICIENT_EVIDENCE | No deficiency established, but unknown evidence or zero applicable checks prevents PASS |
Apply the ordered rules in the assessment protocol. Record evidence completeness independently so a proven deficiency is not hidden by unknown checks. Suppressions require a documented applicability reason and do not count as MET.
Overall assessment verdicts
| Verdict | Condition |
|---|
| NON_COMPLIANT | One or more principles are FAIL; retain any evidence gaps separately |
| INCOMPLETE | No FAIL, but any principle or applicable retention/jurisdiction check has incomplete evidence |
| PARTIALLY_COMPLIANT | Complete evidence, no FAIL, and at least one PARTIAL |
| COMPLIANT | Complete evidence and all 7 principles PASS |
Evaluate these rows in order. Never use null for a verdict or interpret an unknown jurisdictional baseline as met or failed.
Integration with Privacy Planner and Reviewer
This skill complements privacy-standards (which provides the NIST PF, GDPR, CCPA, OWASP backbone). A consumer performing PbD assessment should explicitly load both:
privacy-standards — standards mapping, data-flow reasoning, DPIA thresholds
privacy-by-design — principle-level assessment, retention/disposal checks, cross-jurisdictional equivalence, implementation pattern verification
The current Privacy Planner and Privacy Reviewer do not explicitly load privacy-by-design. This skill supplies assessment knowledge, not automatic integration; dedicated agent wiring is outside this skill change. It remains background-only (user-invocable: false).
Interaction with other skills
| Skill | Relationship |
|---|
privacy-standards | Provides data inventory, DPIA thresholds, and standards backbone; PbD builds on top |
security-planning | Security controls overlap with PbD-05; reference rather than duplicate |
rai-planner | RAI data-use concerns feed into PbD-04 (full functionality) and PbD-07 (user respect) |
secure-by-design | SBD-11 (Secure Deprecation) aligns with PbD-05 lifecycle; cross-reference for decommissioning |
Attribution and licensing posture
SKILL.md and references/ contain original assessment guidance and paraphrased summaries under CC BY 4.0. The cited publications remain authoritative and retain their own rights; this license does not relicense upstream text. Principle names and legal identifiers are preserved for traceability. No upstream document is reproduced or bundled.
Cavoukian PbD Foundation Principles
- Author: Dr. Ann Cavoukian, Information and Privacy Commissioner of Ontario
- Source: https://www.ipc.on.ca/sites/default/files/legacy/2018/01/pbd.pdf
- Modifications: Principles restructured into agent-consumable assessment checklists with cross-references to GDPR, CCPA, and APP; original principle text paraphrased with attribution
- Note: The 7 Foundation Principles are widely referenced in academic and regulatory literature; content here is paraphrased for planning use
GDPR Art. 25 (Data Protection by Design and by Default)
Australian Privacy Principles (APP)
CCPA/CPRA