Questions tagged [consent]

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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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2answers
124 views

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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1answer
87 views

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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1answer
3k 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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1answer
48 views

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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1answer
48 views

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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3answers
235 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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113 views

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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4answers
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 ...
2
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1answer
96 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) ...
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1answer
61 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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1answer
343 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/...
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1answer
89 views

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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16 views

Collecting consent for online surveys in the UK

Where/what are the laws pertinent to collecting consent from participants before they can participate in an online user study? The most official ting I've found so far is this gov.uk guidance, but it ...
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2answers
158 views

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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1answer
84 views

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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2answers
163 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 ...
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2answers
160 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 ...
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3answers
173 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 ...
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1answer
63 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&...
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1answer
426 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>...
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1answer
96 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. ...
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62 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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5answers
9k 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
77 views

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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1answer
73 views

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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1answer
93 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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1answer
71 views

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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1answer
457 views

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 ...
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1answer
66 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
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1answer
74 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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0answers
83 views

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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2answers
293 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 ...
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2answers
277 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 ...
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5answers
4k 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 ...
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1answer
675 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 ...
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2answers
857 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 ...
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0answers
78 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
64 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
102 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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4answers
13k 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 ...
3
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1answer
239 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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1answer
71 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
493 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 ...
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2answers
133 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 ...
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0answers
112 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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4answers
917 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 ...
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2answers
114 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 ...
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2answers
189 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
652 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 ...