Questions tagged [consent]

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Is “dry humping” someone under 18 considered rape? [duplicate]

Can fully-clothed dry-humping someone under 18 without consent count as rape in the state of Arizona? And if not, what sort of offense is it? If found guilty, what would a typical punishment be in the ...
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1 vote
1 answer
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Does the ePrivacy directive apply to general JavaScript code?

Sweden have a "cookie law" that requires constent for non-necessary cookies. But the law seems way more general. Information may be stored in or accessed from a subscriber's or user's ...
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GDPR - When does data become personal data, and what exactly comprises personal data?

As a software developer, I am currently in the process of developing a small video analytics tool. I would like to take extra care regarding the GDPR, and have a hard time understanding the following: ...
1 vote
1 answer
67 views

Legality of recording calls when recorded message is only heard by another recorded message

Many entities, both individuals and companies, record their phone calls. In many jurisdictions this is made legal by there being a recorded message at the start of the call informing the other party ...
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12 votes
3 answers
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Does Bob have a case if he ends up paying child support due to Alice's deceit?

This question is inspired by and closely related to that one, but is different. Alice deperately wants to conceive and give birth to a child from Bob, but Bob is adamant. He is very careful to avoid ...
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Biometric Collection Without the Option for Deletion

If I collect the face and voice properties of someone and inform them that they would not be able to request its deletion under any circumstance, would I still have to delete it under request in any ...
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1 answer
64 views

Is GDPR consent as part of Terms & Conditions valid?

In the terms and conditions of the kite festival consent for use of footage of the audience is written into the Terms & Conditions: 5.c: Ticket Holders consent to being photographed, filmed and ...
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1 vote
1 answer
116 views

Is recording a conversation with school officials on school property without consent legal in Washington State/Bellevue?

I have a student-administration meeting (voluntary) with a couple of other students and school administration. This meeting is being held over a walkout held recently within the school, and I would ...
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1 vote
1 answer
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Terminology around consent whilst incapacitated

As can be found in numerous places, "consent" is a fairly specific term and has various pre-conditions, such that it cannot be given whilst, for example, extremely drunk, under the influence ...
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1 answer
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How is internet based proof of age verifiable in a yes or no popup or an agree to terms and conditions disclaimer admissable?

If I am visiting a bar or especially a club I am ID'd especially here in the UK. But for a porn site anyone can enter and exit by just self verifying yes or no. That's an extreme example. But when you ...
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1 vote
1 answer
101 views

How to notify Facebook of no consent to their use of my information?

I do not have a Facebook account (and never had one under any alias). I'd like to notify Facebook that I do not consent to their storing / displaying any information related to me (images of me, name ...
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2 votes
1 answer
80 views

Count visitor per day with GDPR & Cookies in EU

My question is: how is it possible calculate visitors per day without gathering some information about the users in order to be able to identify them as revisits? We have a cookie consent banner in ...
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2 votes
1 answer
191 views

Can you preemptively check local storage before user agrees under Cookie Law?

I am pretty new to the idea of asking for consent for storage for a website because I'm American. I understand that if I want to store anything, I need to ask users for consent. However, I'm confused ...
6 votes
1 answer
2k views

Is this a valid approach to ask consent under GDPR?

I'm trying to figure out the best way to gather user consent to use third-party services in a mobile app for users under the GDPR. Let's say that I have an app that uses third party services (...
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4 votes
1 answer
530 views

Should registered users accept cookie consent in GDPR?

I want to use cookie consent for saving user language, currency and affiliate marketing purpose. Can I store data without consent of the registered users? They are registered so do I need to take ...
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2 votes
1 answer
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Would it be legal to sequence human DNA from wastewater?

DNA can Identify Individuals I have asked this question in the biology stackexchange. Below the law part: I know that there are some efforts from scientists working with bladder cancer to perform ...
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22 votes
1 answer
4k views

In the US are you allowed to impose restriction on the government when they want to enter your house without a warrant?

If the government wishes to enter your house without a warrant and they ask your permission to do so, if you impose restrictions on what they can do or a part of the house they can or cannot enter, ...
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1 answer
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How work at home effects interstate telephone recording consent

Suppose a conversation is recorded between Participant A (consenting to record) and Participants B C D, all three of whom are working in the capacity of employees of a company located in the same one ...
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1 answer
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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 ...
4 votes
3 answers
293 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 ...
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3 votes
1 answer
122 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
4 answers
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 ...
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2 votes
1 answer
122 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 ...
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2 votes
2 answers
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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 ...
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2 answers
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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
1 answer
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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, ...
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1 vote
1 answer
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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 ...
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0 votes
2 answers
334 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 ...
4 votes
1 answer
403 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/...
2 votes
3 answers
284 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
1 answer
108 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&...
1 vote
1 answer
1k 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
1 answer
115 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
0 answers
102 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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1 vote
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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 ...
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-1 votes
1 answer
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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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1 answer
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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 ...
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3 votes
1 answer
132 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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0 votes
1 answer
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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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1 answer
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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
1 answer
88 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
1 answer
78 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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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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2 answers
335 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 ...
1 vote
2 answers
209 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
0 answers
102 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
2 answers
67 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
1 answer
146 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
1 answer
124 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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4 votes
2 answers
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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 ...
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