Questions tagged [consent]
The consent tag has no usage guidance.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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) ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Can a B2B outbound sales lead generation company legally capture and sell publicly available information without the consent of the leads?
I am researching the business model of a B2B outbound sales lead generation company that captures publicly available information for professionals such as name, company email, LinkedIn, Twitter, ...
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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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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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