Questions tagged [consent]

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1answer
203 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/...
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3answers
134 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 ...
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1answer
38 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&...
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1answer
48 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>...
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1answer
85 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. ...
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0answers
45 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 ...
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0answers
58 views

Is asking your rapist to use a condom considered giving consent in the US?

Is asking your rapist to use a condom considered giving consent in the US?
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0answers
37 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 ...
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1answer
74 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 ...
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1answer
42 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
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1answer
55 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 ...
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1answer
53 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 ...
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1answer
75 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 ...
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1answer
54 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
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1answer
73 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 ...
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0answers
81 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 ...
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2answers
201 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 ...
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2answers
127 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 ...
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0answers
57 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 ...
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2answers
54 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-...
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1answer
83 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 ...
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1answer
28 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 ...
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2answers
381 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
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1answer
165 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
90 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 ...
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2answers
103 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 ...
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2answers
181 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 ...
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2answers
481 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 ...
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1answer
115 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 ...
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1answer
62 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 ...
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1answer
124 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
3k 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 ...
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1answer
453 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, ...
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4answers
361 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 ...
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2answers
56 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 ...
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1answer
804 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 ...
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2answers
392 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
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1answer
86 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 ...
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3answers
727 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 ...
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1answer
609 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 ...
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1answer
279 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. ...
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4answers
11k 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 ...
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2answers
262 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 ...
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1answer
212 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
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1answer
108 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. ...
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2answers
128 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
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1answer
419 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. ...
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1answer
282 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 ...
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5answers
5k 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 ...
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1answer
102 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 ...