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Questions tagged [consent]

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27 views

Can you record someone but not play it or use it as evidence against them, just using it for information?

Then using the recording, you can make your interpretations of it and show what you think of it to someone? It's indirectly showing someone the recording but in your own words? Country is Philippines
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45 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
39 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
42 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
21 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
219 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
87 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
60 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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0answers
44 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 ...
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2answers
85 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
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2answers
158 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
159 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
95 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
57 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
89 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
1k 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
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1answer
324 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
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4answers
185 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
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2answers
51 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
264 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
368 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
76 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
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3answers
661 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
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1answer
532 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
179 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. ...
17
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4answers
7k 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
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1answer
176 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
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1answer
194 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
98 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
119 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
398 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
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1answer
169 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
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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 ...
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1answer
91 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
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2answers
2k 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
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2answers
614 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
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1answer
125 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
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1answer
129 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#...
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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 ...
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2answers
226 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 ...
4
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1answer
304 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
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1answer
617 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
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1answer
657 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
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1answer
74 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
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2answers
2k 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
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1answer
45 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 ...
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1answer
131 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 ...
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1answer
223 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 ...