Questions tagged [consent]
The consent tag has no usage guidance.
1
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1answer
17 views
Consent form - digital signature or just full name?
We are using a paper form to record consent to be recorded. We want to use a digital version to make the workflow more streamlined.
When digital, does the form need to have a digital signature or ...
2
votes
2answers
144 views
did you consent because you could have seen a poster?
Instead of a signed release, in recent years I'm seeing posters saying that if you walk in an area you consent to the commercial use of your likeness for unlimited purposes without payment. At least ...
1
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0answers
148 views
What is the motivation between the 2 parties recording consent laws [closed]
Let's assume A and B have a discussion about a business deal and A will record the conversation without B's knowledge. Later on, they have a disagreement that takes them to court. Let's also assume ...
3
votes
1answer
68 views
Is it legal to have a opt-out of marketing emails checkbox under GDPR?
As soon as GDPR came into effect I noticed all of the registration forms suddenly changed all of their e-mail marketing checkboxes (all of the "Send Newsletters", etc.) from the previous opt-out or by-...
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0answers
37 views
Is geocoding an IP address but not storing it considered processing under GDPR?
As a data controller who intends to be GDPR compliant, if someone visits my website a request is made to my server with their IP address.
If I geocode the IP address to get the visitor's country and ...
0
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0answers
41 views
Can I legally live stream or publish a Stratego game video without permission?
I play imperfect information games, such as Stratego. Live streaming and publishing on YouTube / Twitch is a thing nowadays. On gaming sites, people use avatars that do not directly identify their ...
1
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2answers
79 views
Intellectual property and storage medium
A State owned hard drive contains intellectual property belonging to an individual. Can the State remove that hard drive from the premises of the individual without his consent?
EDIT:
The property ...
2
votes
2answers
150 views
Is it illegal for a driver to ask a young lady to get in?
This question has been induced by this news where the police is apparently searching for a driver who asked a 16-year-old lady to get into his car.
The age of consent in New Zealand is 16, therefore ...
1
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2answers
95 views
In Europe, is it legal to have a fully consentual open marriage? (specifically sexual relationships with other couples)
As per the title : In Europe, is it legal to have a fully consentual open marriage? (specifically sexual relationships with other couples)
The question comes from the legal basis that in theory ...
0
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1answer
78 views
Consent to illegal activity
In tort law there is a SPLIT amongst jurisdictions regarding whether someone may consent to an illegal activity.
Some say consent is not valid (meaning plaintiff can recover)
Some say consent is ...
0
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1answer
50 views
Licensing - can any intangible thing of value to which an individual holds exclusive rights be licensed?
Provided an intangible thing is of value and an individual holds the exclusive rights to that thing of value, is there any limitation to what can and cannot be licensed? Can an individual license ...
2
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1answer
77 views
In Florida, can a 24 year old have relationship with a 17 year old if their relationship started a year earlier?
In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older.
(1) A person 24 years of age or ...
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5answers
587 views
Is borrowing without consent illegal?
After reading this question:
Borrow something and return it considered stealing?
I got the impression that, other than a bike, if I borrow stuff from random people without their consent and return ...
1
vote
1answer
244 views
google analytics cookie consent with anonymized ip on
I am not even sure how is this possible, so here I am. I have google analytics with anonymized IP on, my users can activate and deactivate google analytics cookies at any time.
BUT, on top of that, ...
2
votes
4answers
161 views
GDPR - Is consent really necessary for contact form?
I am looking for an answer that is supported by the GDPR, so please try to quote GDPR parts as you answer.
The internet is on fire (developers especially) now that the GDPR is on strength. There are ...
2
votes
2answers
49 views
GDPR and two-party communications
If a chat or email provider wishes to analyze the contents of what their customers are writing, does GDPR require it to obtain the consent of everyone involved in the chat/email?
Or would the consent ...
0
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1answer
199 views
Is consuming, reposting and commenting revenge porn illegal?
Quotes from Dutch Authorities Seize Revenge Porn Site Anon-IB, Arrest Three Men
Dutch police force Politie has seized the anonymous message board
Anon-IB, a major hub of revenge porn and ...
0
votes
2answers
308 views
Free and informed consent for medical test
My company requires me to have life insurance for which I recently moved out of the provider's "free cover limit". Because of this I now have to submit to certain medical tests in order to have full ...
2
votes
1answer
71 views
Using Personal data before consent
I am having an Android App which is going to use some services such as Google Analytics, Firebase etc.
I have a thought of having two different consent screens for different region user such as EU ...
9
votes
3answers
644 views
GDPR - Withdrawn user consent
I have been reading alot about user consent management according to the GDPR and one problem I can't see solved anywhere is managing withdrawn consent.
The user gives his consent to use his data and ...
3
votes
1answer
494 views
User consent required under GDPR
I am having an Android app which uses certain Analytics services such as Google Analytics, Firebase etc. These services collect certain information from the user.
For this reason I have drafted a ...
-1
votes
1answer
154 views
How should I notify Human Resources of revocation of consent to a background check?
I submitted consent for the purpose of background check to a very established organization, which outsourced the process of background checking to another organization. Let's call them HireWrong.
...
14
votes
4answers
6k views
GDPR - reCAPTCHA with user's consent?
This question is specifically about Google's reCAPTCHA, but may possibly apply to many other CAPTCHA solutions that are collecting "personal" data.
I was reading briefly about ePrivacy regulations ...
2
votes
1answer
173 views
GDPR seeking consent - Subjects not responding to the consent email
We have currently sent out emails to gain consent from subjects to receive our marketing content.
For subjects who don't respond, can we send another email chasing the consent? (i feel doing this can ...
4
votes
1answer
189 views
GDPR email consent - Pre ticked “No” box
We are currently creating an email to gain consent from our customers to email allow us to market to them. We are currently using Mailchimp to put the email together and it is currently not allowing ...
2
votes
1answer
89 views
Does the failure to honour an express refusal invalidate prior claims of having implied consent?
Suppose a local health district (LHD) has used a patient's electronic medical record (eMR) for training purposes. Upon learning that they have done this, the patient is displeased and tells them so. ...
3
votes
2answers
116 views
What provisions should I make regarding GDPR consent when users do not sign themselves up?
In my business, users are signed up by staff, according to user lists (name, email address only) provided by our clients.
We track user interactions with our site in order to monitor usage and ...
5
votes
1answer
381 views
Establishing GDPR consent when the person doesn't access a system themself
My company hosts an online database for organisations to manage training data for their people.
In most cases, administrator users (team leaders/line managers) manage data for their staff/teams. ...
1
vote
1answer
132 views
How is the jurisdiction of inter-state age of consent laws determined in the US?
How are inter-state relationships legality determined in the US?
Say Joe is 25 and lives in Maryland and Jane is 17 and lives in Virginia. In Maryland the age of consent is 16 and in Virginia the age ...
5
votes
4answers
2k views
Can FedEx bill the recipient of a package for a “Clearance Entry Fee”, without consent?
Some time ago, I received an unsolicited birthday gift from a relative as an international package via FedEx (USA to Canada). Then, several days later, FedEx mailed me an invoice for a "Clearance ...
0
votes
1answer
90 views
Can I face swap for a video I shot where an individual doesn't consent to using their likeness?
Say I'm shooting some video of an interview, and one of the people in frame claim that they do not consent to the use of their likeness in any film or derivative (or some similar phrasing). Can I face ...
5
votes
2answers
1k views
Laws regarding consensual sex and intoxication
Disclaimer: I do not intend to offend anyone, I just wish to learn more about the laws in this area. Also note I'm only referring to rape when consent has been given, but due to intoxication that ...
5
votes
2answers
521 views
Do you have to disclose you are recording a call that is already being recorded?
I'm calling my credit card to dispute being charged twice for something. When I start to hold for an operator I'm prompted that the call may be recorded for whatever reason.
If I also want to record ...
2
votes
1answer
105 views
EU Cookie Law: can two sites differing by the third level domain can be considered a single website?
Let's make a common example:
www.example.com is the main website of a company, then they have
blog.example.com that is the company's blog.
It's important to note that the same organization is ...
1
vote
1answer
104 views
Is user consent needed to display a Google Map on a website?
I would like to display a Google Map in a website project of mine.
This requires loading the JavaScript api from Google:
https://developers.google.com/maps/documentation/javascript/tutorial?hl=en#...
0
votes
1answer
2k views
Clarification for UK age of consent
So for the UK, the age of consent is 16, but there is some sort of law that prevents people over the age of 18 having sex with people under the age of 18
My question is: if two people, say ages 16 ...
0
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2answers
208 views
How does one supreme court case set the standard for all following cases?
I was reading about forced arbitration clauses, or class action wavers, which are a type of contract of adhesion which can come with some products and services. Historically, these were deemed ...
3
votes
1answer
243 views
EU Cookie Law can I use cookies before users' consent?
I am trying to get my website to be EU Cookie compliant and I have encountered some plugins which have something called "implied consent" in other words a popup appears on the website saying something ...
0
votes
1answer
459 views
Age of consent for a person with dual citizenship
The age of consent law seems a bit unclear to me, and becomes very complex and mysterious when adding dual citizenship into the mix because finding information on that is difficult. I'm just wondering ...
5
votes
1answer
505 views
Are “exact change only” policies legal?
I parked in a garage that has an automated pay-to-park kiosk - you specify how many hours you wish to purchase, and then insert payment. For two hours of parking, the price was listed as $6. It was ...
2
votes
1answer
65 views
Is audio/video release form necessary for videos submitted voluntarily over email?
I am working on a project that requires me to email subscribers asking for video testimonials of our product. We will of course be using the testimonials for advertising, and this will be clearly ...
3
votes
2answers
1k views
What are the limits of “implied consent” when obtaining a driver's license?
This question comes out of reading this New York Times article (quoted below), about a bill that would allow officers to use a "textalyzer" to digitally search phones for evidence that the phones had ...
1
vote
1answer
44 views
Recording a conversation with a non-federal employee
I am considering recording a conversation or try to secretly record one between me and a non-federal employee. I am currently a federal employee, not FBI or CIA but am investigating on my own a ...
1
vote
1answer
113 views
Video Recording Cops
I was wondering of the USA legalities of maintaining recorded video with audio when it comes to cops pulling you over while driving for whatever reason?
I wasn't sure if you have to verbally tell ...
0
votes
1answer
194 views
Legality of “secret sexual relations”
Hypothetically, since having Sexual Relations with somebody requires consent. If you and your partner are having sexual relations but want to keep it secret from those around you.
If one party of ...
