Questions tagged [consent]
The consent tag has no usage guidance.
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Can a customer of a business make a recording of an employee on the business’s privately premises?
Suppose a customer enters a store. The business, through an employee, treats the customer unlawfully. Perhaps this is by verbally or physically abusing them, discriminating against them, or denying ...
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Is it true that at one stage a husband could not rape his wife?
Is it really true that up until relatively recently in the US a man could not rape his wife, because apparently at one point in time a married couple was considered one legal entity and a person ...
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If one homeowner gives consent to search a house but the other homeowner does not, do the police have consent? [duplicate]
Suppose Alice and Bob are co-owners of a home. Police come to the door and ask to search the home. Bob says, "yes, you may search our home," but Alice says, "no, you may not search our ...
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how to obtain the consent of the DPP for a private prosecution in the UK?
For a person in the UK considering taking forward a private prosecution, according to this form:
"Application for summons or warrant for arrest for alleged offence under Magistrates’ Courts Act ...
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Can I take my teacher to court if they search my phone for absolutely no reason?
If a teacher searches through my phone without my consent, warrant or with reasonable suspicion is it illegal and can I take them to court?
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If I have concurrent user consents then can I combine these consents?
I have an app that supports concurrent user consents.
Assume that I have:
Consent A that gives access to https://example.com/resources/a
Consent B that gives access to https://example.com/resources/b....
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How shall I handle user consent "remember" option [closed]
I get consent from user for some operation. While consenting user can check "remember consent" option and this is handled as below:
Consent is saved to db
Some action is done and consent is ...
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Countries where being too drunk to consent does not apply?
Are there any countries where the victim being too drunk to consent is not sufficient to criminally pursue the perpetrator for a sexual offence?
For example, a girl goes into a bar and voluntarily ...
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GDPR: Alternatives to 3rd party cookie-based analytical systems?
Cookie-based solutions became challenging to leverage due to the GDPR law. As an analyst, it's hard because my work depends on these metrics that will no longer be available with cookie-based tracking ...
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Why must I consent to treatment at the eye doctor when implied consent is obvious?
Whenever I get a checkup with my eye doctor, they have me sign a consent-to-treat form. I never gave it a second thought. This last visit, though, the front desk attendant was distracted when I ...
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How are voice-operated smart devices legal in jurisdictions that require two-party consent for recording?
Amazon's Alexa is the example that comes to mind the most. It seems likely that Alexa would record people who are unaware they're being recorded. Seems like it would violate two-party consent pretty ...
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How to "withdraw consent" without implying consent was ever given?
Privacy policy often states that one can "withdraw consent" to the collection, use and disclosure of personal data. Unfortunately, it is often the case that consent was given to the ...
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GDPR - Consent to the use of personal data on mobile app - stored per device or signed up user?
For my mobile app, I need to get users' consent to process their personal data (and separately to use anonymized data for Google Analytics). I am unsure, however, how exactly I have to implement this.
...
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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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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:
...
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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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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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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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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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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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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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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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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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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 ...
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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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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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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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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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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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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 ...
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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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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)
...
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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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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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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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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 ...
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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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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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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 ...
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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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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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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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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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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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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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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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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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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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