Questions tagged [consent]

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22
votes
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, ...
21
votes
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 ...
18
votes
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 ...
9
votes
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 ...
9
votes
3answers
770 views

GDPR - Withdrawn user consent

I have been reading alot about user consent management according to the GDPR and one problem I can't see solved anywhere is managing withdrawn consent. The user gives his consent to use his data and ...
6
votes
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 ...
6
votes
1answer
678 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 ...
5
votes
4answers
931 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 ...
5
votes
1answer
436 views

Establishing GDPR consent when the person doesn't access a system themself

My company hosts an online database for organisations to manage training data for their people. In most cases, administrator users (team leaders/line managers) manage data for their staff/teams. ...
5
votes
2answers
2k views

Laws regarding consensual sex and intoxication

Disclaimer: I do not intend to offend anyone, I just wish to learn more about the laws in this area. Also note I'm only referring to rape when consent has been given, but due to intoxication that ...
5
votes
1answer
1k views

Are “exact change only” policies legal?

I parked in a garage that has an automated pay-to-park kiosk - you specify how many hours you wish to purchase, and then insert payment. For two hours of parking, the price was listed as $6. It was ...
4
votes
3answers
236 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 ...
4
votes
1answer
460 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 ...
4
votes
2answers
2k views

What are the limits of “implied consent” when obtaining a driver's license?

This question comes out of reading this New York Times article (quoted below), about a bill that would allow officers to use a "textalyzer" to digitally search phones for evidence that the ...
4
votes
1answer
224 views

GDPR email consent - Pre ticked “No” box

We are currently creating an email to gain consent from our customers to email allow us to market to them. We are currently using Mailchimp to put the email together and it is currently not allowing ...
3
votes
1answer
345 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/...
3
votes
2answers
499 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 ...
3
votes
1answer
101 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 ...
3
votes
1answer
206 views

Video Recording Cops

I was wondering of the USA legalities of maintaining recorded video with audio when it comes to cops pulling you over while driving for whatever reason? I wasn't sure if you have to verbally tell ...
3
votes
1answer
679 views

User consent required under GDPR

I am having an Android app which uses certain Analytics services such as Google Analytics, Firebase etc. These services collect certain information from the user. For this reason I have drafted a ...
3
votes
1answer
240 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-...
3
votes
2answers
136 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 ...
2
votes
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 ...
2
votes
1answer
97 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) ...
2
votes
1answer
154 views

In Florida, can a 24 year old have relationship with a 17 year old if their relationship started a year earlier?

In Florida, the age of consent is 18, but there is an exception that allows for people up to the age of 23 to have a relationship with someone 16 years and older. (1) A person 24 years of age or ...
2
votes
1answer
493 views

google analytics cookie consent with anonymized ip on

I am not even sure how is this possible, so here I am. I have google analytics with anonymized IP on, my users can activate and deactivate google analytics cookies at any time. BUT, on top of that, ...
2
votes
1answer
93 views

Using Personal data before consent

I am having an Android App which is going to use some services such as Google Analytics, Firebase etc. I have a thought of having two different consent screens for different region user such as EU ...
2
votes
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 ...
2
votes
1answer
115 views

Does the failure to honour an express refusal invalidate prior claims of having implied consent?

Suppose a local health district (LHD) has used a patient's electronic medical record (eMR) for training purposes. Upon learning that they have done this, the patient is displeased and tells them so. ...
2
votes
1answer
89 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 ...
2
votes
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 ...
2
votes
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. ...
2
votes
2answers
58 views

GDPR and two-party communications

If a chat or email provider wishes to analyze the contents of what their customers are writing, does GDPR require it to obtain the consent of everyone involved in the chat/email? Or would the consent ...
2
votes
1answer
430 views

EU Cookie Law: can two sites differing by the third level domain can be considered a single website?

Let's make a common example: www.example.com is the main website of a company, then they have blog.example.com that is the company's blog. It's important to note that the same organization is ...
2
votes
1answer
257 views

Is audio/video release form necessary for videos submitted voluntarily over email?

I am working on a project that requires me to email subscribers asking for video testimonials of our product. We will of course be using the testimonials for advertising, and this will be clearly ...
2
votes
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 ...
2
votes
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 ...
1
vote
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 ...
1
vote
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 ...
1
vote
1answer
2k views

Clarification for UK age of consent

So for the UK, the age of consent is 16, but there is some sort of law that prevents people over the age of 18 having sex with people under the age of 18 My question is: if two people, say ages 16 ...
1
vote
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-...
1
vote
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 ...
1
vote
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 ...
1
vote
1answer
368 views

How is the jurisdiction of inter-state age of consent laws determined in the US?

How are inter-state relationships legality determined in the US? Say Joe is 25 and lives in Maryland and Jane is 17 and lives in Virginia. In Maryland the age of consent is 16 and in Virginia the age ...
1
vote
1answer
277 views

Is user consent needed to display a Google Map on a website?

I would like to display a Google Map in a website project of mine. This requires loading the JavaScript api from Google: https://developers.google.com/maps/documentation/javascript/tutorial?hl=en#...
1
vote
1answer
62 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 ...
1
vote
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 ...
1
vote
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 ...
1
vote
1answer
48 views

Recording a conversation with a non-federal employee

I am considering recording a conversation or try to secretly record one between me and a non-federal employee. I am currently a federal employee, not FBI or CIA but am investigating on my own a ...
1
vote
0answers
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 ...