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Questions tagged [consent]

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4 votes
1 answer
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In a two-party consent state, can I record video only (no audio) in secret?

From what I understand, the two-party consent state was born from telephone call wiretapping. Assume I am in a two-party consent state. To record audio and video, I need the other parties involved in ...
Mindwin Remember Monica's user avatar
39 votes
3 answers
3k views

What enforcement exists for medical informed consent?

I'm in the USA, New York. I find nowadays that it's common -- maybe the majority of cases -- in which forms are to be signed for some medically-related purpose, that the system and/or provider ...
Daniel R. Collins's user avatar
19 votes
2 answers
8k views

What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?

I am interested in privacy at the interface between one's personal and professional lives. This question is adjacent, but not identical to others related to IT system use (1, 2). Given a workplace IT ...
Halyn Betchkal's user avatar
0 votes
1 answer
167 views

Does "fan and celebrity" count as a exploitive in the context of age of consent?

Context: A Reddit thread about Drake kissing a 17 year old girl on stage. People are wondering if laws have been violated. This took place in Colorado where the age of consent is 17. Drake is Canadian,...
David Lui's user avatar
  • 117
-4 votes
1 answer
267 views

Can sexual consent be required to enter a building?

First off, and this should be assumed, but IDs are checked and all people entering are of age. Now, there are technically two questions I'm asking. The first: is it legal in the United States for ...
Henry Williams's user avatar
2 votes
1 answer
669 views

Do you need consent when taking a screenshot during a video conference?

In a state that has "all party consent" laws when it comes to recording conversations, does taking a screenshot during a video conference (e.g. Zoom, Google Meet, etc.) require consent from ...
cine's user avatar
  • 143
4 votes
1 answer
854 views

Collecting Pseudonymous order information without consent - GDPR

Could I store a copy of very basic Pseudonymous order data in a non-essential place (Google Analytics) without user consent to essential cookies (which normally loads Google Analytics)? Either: Order ...
Simkoo's user avatar
  • 43
-5 votes
1 answer
66 views

What are the conditions (and implications) of entering an ostensible contract without capacity to do so? [closed]

A recent discussion touches in capacity to consent to forming contracts: @gaazkam my answer outlines the four required elements a person must be able to understand in order to have the capacity to ...
TylerDurden's user avatar
4 votes
1 answer
159 views

What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?

In Canada and perhaps other jurisdictions, an available defence for sexual assault accusations is that the defendant can show that they had taken reasonable steps to ascertain the complainants state ...
TylerDurden's user avatar
3 votes
4 answers
391 views

Is it rape for a trans-male to lie to a woman that he is a cis-male and have sex with her

So a woman met someone at the bar who told her he was a guy. Everyone refers to the individual as he/him and the couple even had a conversation that brought up the fact that she was straight. Because ...
Breanna's user avatar
  • 49
-3 votes
3 answers
136 views

Was it illegal to borrow my cousins trailer without his permission but leaving notes?

I borrowed my cousins utility trailer while he was at work. (Mine broke down with time-sensitive cargo on it and we borrow stuff from each other all the time.) I left him 3 notes explaining the dire ...
John Merritt's user avatar
-3 votes
1 answer
465 views

Can a person legally consent to being killed by someone else? [duplicate]

I am referring to rare instances of 'mercy killing.' For example, a family member in the hospital, stricken with a terminal illness, asking a loved one to administer a lethal dose of morphine, or an ...
AlanSTACK's user avatar
  • 2,060
0 votes
2 answers
85 views

Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?

If I am accused of drunk and disorderly conducts and my alibi/defence is that I am a teetotaller since the last 10 years and even before that only seldom and very lightly drank, this makes it very ...
TylerDurden's user avatar
0 votes
1 answer
55 views

How is consent to be determined?

Is the complainant’s retrospective declaration as to their present state of mind to be absolutely taken at face value? If not then what is considered in making such a determination? Can possible ...
TylerDurden's user avatar
-4 votes
2 answers
181 views

Can Bob be convicted of raping his wife Alice?

Bob and Alice are apparently happily married for 5 years and have sex nearly every night. Sometimes they are very lucid, others barely awake. Occasionally (perhaps 1 in 10 times) they have some ...
TylerDurden's user avatar
-1 votes
2 answers
76 views

What is consent?

Interested in any jurisdiction, and in fact especially interested in seeing comparative perspectives between different jurisdictions. Is it: a mental state of not objecting or even enthusiastically ...
TylerDurden's user avatar
-2 votes
2 answers
151 views

Can sexual consent be passively implied in light of the pre-existing rapport or character of the relationship between the parties?

It seems that in Canada, there must be an active effort to ascertain the complainant’s consent for each and every sexual act or episode of sexual acts and that prior rapport with the complainant (even ...
TylerDurden's user avatar
-4 votes
2 answers
205 views

Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?

A recent case resulted in a rape conviction of a man who apparently made an error in judgment in deciding to have intercourse with his stepdaughter who had been sleeping with him in his bed, along ...
TylerDurden's user avatar
0 votes
2 answers
158 views

Can ambiguous or passive conduct imply consent?

In Canada, an accused cannot point to his reliance on the complainant’s silence, passivity, or ambiguous conduct as a reasonable step to ascertain consent, as a belief that any of these factors ...
TylerDurden's user avatar
0 votes
3 answers
276 views

Is there any reason a 24-year-old healthy woman could not consent to sex with her stepfather?

I just came across this news (based on E v R [2023] NZHC 2829). To summarise: A 24-year-old woman happily goes to sleep in one bed with her stepfather and her mother (stepfather's partner). During ...
Greendrake's user avatar
  • 27.2k
0 votes
3 answers
208 views

Is it legal to photograph someone in private after they withhold consent?

Follow-up question to Is it legal to photograph someone in public after they explicitly withhold consent? From the above question, it's legal to photograph someone in public even if they withhold ...
Allure's user avatar
  • 2,953
0 votes
0 answers
29 views

Consent on a per-cookie or cookie-provider basis or per category?

As title mentioned: I am wondering about requirements regarding the need to enable users/visitors of a website to consent on a per-cookie or cookie category (e.g. analytical, personalization etc) ...
OptimalJellyfish's user avatar
8 votes
2 answers
5k views

What is the legal basis of Kate Middleton's threats against paparazzi photographing her in public?

Follow-up question to Is it legal to photograph someone in public after they explicitly withhold consent? Kate Middleton has in the past been followed by paparazzi everywhere. She reacted to that by ...
Allure's user avatar
  • 2,953
0 votes
2 answers
757 views

Is it legal to photograph someone in public after they explicitly withhold consent? [duplicate]

As I understand it, it's generally legal to photograph someone in public, because consent can be assumed. It has to work this way because otherwise it'd be impossible for e.g. journalists to take a ...
Allure's user avatar
  • 2,953
2 votes
2 answers
180 views

Is webscraping legal if the website clearly doesn't want to be scraped (for example having a captcha or cloudflare)?

If a website has cloudflare protection or some sort of anti-robot protection, then it's pretty obvious that the website does not want to be scraped. However, the thing with programming is that there ...
No Name's user avatar
  • 436
1 vote
1 answer
430 views

Can an American who travels to Canada record calls of other Americans without their consent?

Canada is a 1-party consent country: at least one person in the conversation has to give consent (which can be the person doing the recording). California is an all-party consent state: everyone in ...
cine's user avatar
  • 143
1 vote
1 answer
92 views

If I want to voice record at work, do I only need my boss's approval?

I live in a two party consent state. I would like to record talks in work to defend myself from certain situations. I explained my intention to my boss and he said its perfectly fine. However ...
ga19631's user avatar
  • 11
10 votes
1 answer
2k views

Does withholding non-medical information affect medical consent?

In an episode of the medical drama 'House', a patient needing a liver transplant is offered a live donation from her girlfriend. During the episode there's a continual argument over the ethics of ...
Ethan's user avatar
  • 1,966
1 vote
1 answer
112 views

Does implied consent protect an organization's ability to discipline former members?

Somewhat inspired by this question, I found this website. To summarize, they imply that they would be legally protected from civil suits from former members who are being disciplined. Would this ...
wizardwes's user avatar
5 votes
1 answer
146 views

Avoiding agreeing to, or amending, digital contracts

Say you are presented with a digital checkbox or a pin pad, a contract with some terms you do not genuinely consent to, and a business process of the counterparty that cannot proceed unless the box is ...
interfect's user avatar
  • 3,511
1 vote
0 answers
97 views

Question about audio recording my in-person conversations in New York

In NY State, which is a 1 party consent state, can I audio record a conversation with my friend without their consent if they are a minor? ( I'm 18, he's 17 ) I was told minors can't consent to being ...
Jurify's user avatar
  • 11
0 votes
2 answers
1k views

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 ...
TylerDurden's user avatar
8 votes
2 answers
388 views

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 ...
Neil Meyer's user avatar
  • 5,057
1 vote
1 answer
401 views

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 ...
T Hummus's user avatar
  • 636
1 vote
0 answers
36 views

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 ...
jim's user avatar
  • 221
0 votes
1 answer
57 views

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....
Szyszka947's user avatar
-2 votes
1 answer
76 views

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 ...
Szyszka947's user avatar
-3 votes
2 answers
734 views

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 ...
user5623335's user avatar
  • 1,202
1 vote
1 answer
134 views

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 ...
Daniel Chepenko's user avatar
16 votes
3 answers
6k views

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 ...
nuggethead's user avatar
2 votes
2 answers
182 views

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 ...
Ryan_L's user avatar
  • 3,565
20 votes
3 answers
6k views

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 ...
user47144's user avatar
  • 217
4 votes
1 answer
528 views

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. ...
TjardL's user avatar
  • 43
1 vote
1 answer
2k views

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 ...
Tuve's user avatar
  • 11
1 vote
1 answer
239 views

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 ...
Per R's user avatar
  • 13
0 votes
1 answer
175 views

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: ...
DerGoliHerr's user avatar
1 vote
1 answer
102 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 ...
User65535's user avatar
  • 7,552
14 votes
3 answers
4k views

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 ...
Greendrake's user avatar
  • 27.2k
0 votes
1 answer
65 views

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 ...
Kile Maze's user avatar
0 votes
1 answer
75 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 ...
User65535's user avatar
  • 7,552