Questions tagged [consent]
The consent tag has no usage guidance.
75
questions
0
votes
1answer
43 views
Can a pre-ticked checkbox be used to RECALL/REVOKE consent under GDPR and/or ePrivacy/cookie law?
I wonder, can a pre-ticked checkbox be used to recall/revoke consent, or does revoking/recalling consent need to be a separate, explicit action?
I have made a specific consent function like this:
When ...
3
votes
4answers
222 views
What is the principle that children can consent to other children of the same age, but not to an adult, called?
Two three year old children that agree on "playing doctor" and examining each others bodies, including genitalia are not committing a crime (but if one three year old child forces another ...
2
votes
1answer
95 views
Do lax and lazy cookie messages comply with cookie laws?
On a web page, I received a cookie pop-up that looked like this:
Which reads as:
We use cookies. You probably don't care. Click the button to get rid of this pointless message.
Whatever (the button)
...
18
votes
4answers
5k views
Can an incapacitated individual consent to marriage?
A friend was to be married on Saturday afternoon. He suffered a debilitating stroke Saturday morning.
Today he can respond to verbal prompts to move his left hand a bit.
This occurred in the USA in ...
1
vote
1answer
54 views
Recording Phone Calls in Florida and Obtaining All-Party Consent
According to FL Statute 934.03 (outside of limited exceptions), you are required to gain all-party consent to record communications deemed to have an expectation of privacy.
It seems this includes ...
1
vote
1answer
92 views
What's the minimum age of consent for sexual matters in India
I'm confused about the age of consent for sexual relations. Is it 18 or 16?
IPC (1860) has various sections like 375 which criminalises sex with girl under 18years of age even with her consent. But ...
0
votes
0answers
16 views
Collecting consent for online surveys in the UK
Where/what are the laws pertinent to collecting consent from participants before they can participate in an online user study?
The most official ting I've found so far is this gov.uk guidance, but it ...
0
votes
2answers
157 views
Why is the age of consent typically younger than the age of majority in many countries? [closed]
I've always been puzzled at many countries allow teenagers to have sex with each other at 14-15 years old at the youngest but still forbid them from consuming intoxicants until they are 18 or 21. Why ...
-2
votes
1answer
83 views
Do non-criminal investigations require consent of the subjects? [closed]
Besides criminal investigation, there are other kinds of investigation: journalism investigation, insurance investigation, social worker investigation, etc. Due to the nature of investigation, ...
2
votes
1answer
88 views
Advertising in mobile apps and proof of consent
What does CCPA require for proof of consent to display advertising in mobile applications (vs a web site), especially for apps that do not create a user profile? Hypothetically, would it be sufficient ...
0
votes
2answers
145 views
GDPR compliance cookie-less Google Analytics and consent banner
I've been reading about GDPR a lot, and I have a bit of a confusion. I know I have to show a consent banner with an opt-in for enabling cookies related to Google Analytics.
Frankly I would like to ...
3
votes
1answer
324 views
Is a cookie notice required for analytics?
Note: I've been directed here from Meta.SE
I'm using GoSquared for my website analytics.
I've visited quite a few sites using Google Analytics but they don't have a cookie policy or a cookie banner/...
1
vote
3answers
163 views
If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?
As the title suggested. if a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?
I'd think he did, since I have seen a lot of cases where the police ...
0
votes
1answer
57 views
What's the rationale for “joint controller” instead of keeping every entity doing stricly separate?
After reading Case C-40/17 and Case C-210/16 I still cannot figure out why GDPR would require "joint controller" decision.
Wouldn't it be much simpler to decide that e.g. in "Fashion ID&...
0
votes
1answer
369 views
Who needs to implement Cookie Consent for embedded content?
Given a page X that doesn't use cookies or only uses necessary cookies per GDRP and as such, doesn't need explicit Cookie Consent. The X is then modified to include a Youtube video using <iframe>...
2
votes
1answer
95 views
Is it illegal to distribute physical images of relatives (including minors) without consent?
My estranged father has produced a limited run of CDs for distribution (potentially for profit - unknown at this time) that include images of my son (a minor) and me on the sleeve, without my consent.
...
1
vote
0answers
61 views
is someone allowed to post an image of me on social media without my consent? [duplicate]
i have an old friend who has been posting pictures of me without my permission. i’ve asked her to delete them but she just keeps refusing. can i take legal action? or is it possible for me to get them ...
1
vote
0answers
110 views
Is asking your potential rapist to use a condom considered giving consent in the US?
Is asking somebody who is forcing themselves on you to use a condom enough to give him / her consent? If you consider yourself being the victim of rape, but you ask for the person to use a condom is ...
0
votes
0answers
46 views
Why is the age of consent in some jurisdictions lower than the age for which a nude is considered underage pornography?
The age of consent in the UK is 16. The age at which a nude picture is considered underage pornography is 18. This particular situation, an age of consent that's lower than the underage pornography ...
-2
votes
1answer
76 views
Right to be photographed in public area
I know the general answer to being photographed in public is legal. But what if they photograph me without my permission. I am talking about my face. In public, do I not even have the right to my own ...
0
votes
1answer
72 views
Is Google obliged to obtain consent for the processing of searches for anonymous searches under the GDPR?
If you do not register a personal account for Google, thereby not giving specific and informed consent for the processing of your personal data, are Google still obliged to obtain consent for the ...
3
votes
1answer
80 views
Why does Google require consent from users in order to process ads personalization data?
Recently, Google was fined under the GDPR by France's CNIL data protection authority. The authority found Google's processing of personal data for ads personalization lacked transparency, was ...
0
votes
1answer
68 views
Can you record someone who is speaking in a language you don't understand without their consent?
To my understanding Canada is a single party consent when it comes to recording a conversation i.e. if your a party, you can record it without the other parties knowledge. What if someone near you is ...
0
votes
1answer
388 views
Is it illegal to post a picture of you and your ex best friend on social media without her consent? [duplicate]
We went through a fight and me and her are no longer best friends. I posted a TikTok about her and me no longer being friends. It says “dear ex best friend” there is nothing inappropriate or rude. The ...
-1
votes
1answer
65 views
GDPR - User entering other peoples data
I would like to build a software application; a party planner, that allows the user to register his guests and RSVP.
Managing a guest list of 50-100 people can be tough, and a tool would help out a ...
2
votes
1answer
74 views
Can a contract signed as an act of submission rather than consent be considered invalid?
Please consider the following situation:
A (USA) company makes an offer to a (UK) individual.
The company purchases an inbound ticket for the individual.
The individual arrives.
The individual ...
1
vote
0answers
82 views
Is it legal for my mum to share the household's browsing history with an external company without my consent?
Background Information
My mum uses lots of different websites for surveys, watching videos and other ways of generating a little bit of cash. However, she uses a particular service to share the ...
0
votes
2answers
267 views
Institution can access my email (inbox/sent items/etc) and edit it?
First of all, I have thoroughly read the answers to the following questions and none of them answer my queries:
Can Google Chrome read/scan my ProtonMail inbox page?
Can my IT department read my ...
0
votes
2answers
156 views
Limits to Gillick Competence
Please note:
Gillick Competence is not to be confused with the Fraser Guidelines which is only concerned with contraception.
Gillick Competence is:
a term originating in England and is used in ...
1
vote
0answers
76 views
Replace User ID with pseudonym, still need consent?
I use a service called Matomo (as opposed to Google Analytics) so that I can own the data collected, and I thought they were better in regards of user privacy.
My goal is to avoid collecting any ...
1
vote
2answers
63 views
GDPR Information and consent
I am building a game that stores score/level on the local device and uses non-personalized AdMob.
Do I need to inform the user about storing the score locally?
Do I need consent for using non-...
1
vote
1answer
101 views
Google Analytics on mobile: possible to use without consent?
I saw this thread where it's possible to use Google Analytics without consent on websites:
Is it really possible to use Google Analytics without consent, and if so, why exactly?
My question is: does ...
1
vote
1answer
68 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 ...
3
votes
2answers
490 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 ...
3
votes
1answer
223 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-...
1
vote
0answers
111 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 ...
1
vote
2answers
113 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
187 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
vote
2answers
629 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
votes
1answer
190 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
votes
1answer
65 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
votes
1answer
153 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 ...
1
vote
5answers
4k 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 ...
2
votes
1answer
488 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, ...
5
votes
4answers
854 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
58 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
votes
1answer
2k 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
398 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
91 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
763 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 ...
