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35 votes
Accepted

Why must I consent to treatment at the eye doctor when implied consent is obvious?

If they do a treatment which you didn't consent to and harm you they risk being sued. As such, they get you to sign a consent form to prove you agreed to the treatment and were informed about what was ...
Nepene Nep's user avatar
32 votes

How to "withdraw consent" without implying consent was ever given?

You could say something like "I do not consent to [XYZ], and I revoke any consent I may have given in the past." That makes it clear that you intend to revoke consent, without acknowledging ...
Richard Phillips's user avatar
30 votes
Accepted

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

Given that there is absolutely no law that prohibits people from photographing her once she's in public, But there is. The conduct of paparazzi photographers might amount to harrassment under the ...
alexg's user avatar
  • 6,715
24 votes
Accepted

In the US are you allowed to impose restriction on the government when they want to enter your house without a warrant?

They must comply with your restrictions, via the principle that consent can be withdrawn. One relevant Supreme Court case is Walter v. US 447 US 649, which declares that When an official search is ...
user6726's user avatar
  • 215k
18 votes

How to "withdraw consent" without implying consent was ever given?

If you have previously given consent, the most honest and correct response is “I withdraw consent.” If you state “I have not given consent” that could be proven false, and undermine your credibility. ...
Michael Hall's user avatar
  • 4,584
16 votes
Accepted

Does Bob have a case if he ends up paying child support due to Alice's deceit?

canada In Canada it all depends on whether it is Bob or Alice who is female. If it is the male who lies about the use of contraception it results in sexual assault (R. v. Hutchinson), and in the case ...
David Mulder's user avatar
  • 1,238
15 votes

Can FedEx bill the recipient of a package for a "Clearance Entry Fee", without consent?

Based on the advice from @user6726, here's how I disputed the charge. First, I called FedEx customer service. They declined to waive the fee, and informed me that if I didn't pay, it would go to ...
200_success's user avatar
14 votes
Accepted

Is it true that at one stage a husband could not rape his wife?

It is true that marital rape was not recognized as a legal wrong in the United States until relatively recently (the 1970s–1990s). However, the reasoning was not that spouses were the same legal ...
Jen's user avatar
  • 57.3k
14 votes

Does withholding non-medical information affect medical consent?

The primary question is whether remaining silent would constitute a breech of medical ethics. The pertinent ethical principle is AMA Opinion 2.15 One of the requirements is that the donor be assigned ...
user6726's user avatar
  • 215k
12 votes

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

Like the Wikipedia article says, Middleton claimed "harassment" and "invasion of privacy", which seem to be reasonable claims in the circumstances described. In some cases she ...
Lag's user avatar
  • 17.2k
11 votes
Accepted

Can an incapacitated individual consent to marriage?

According to South Carolina law: SECTION 20-1-10. Persons who may contract matrimony. (A) All persons, except mentally incompetent persons and persons whose marriage is prohibited by this section, ...
D M's user avatar
  • 7,168
11 votes
Accepted

Is this a valid approach to ask consent under GDPR?

How to properly ask for consent is an evolving issue. Your general consent flow is very common, but I don't think it's entirely compliant. Legal background on consent Consent is one of the Art 6 GDPR ...
amon's user avatar
  • 24k
10 votes
Accepted

Can FedEx bill the recipient of a package for a "Clearance Entry Fee", without consent?

The specifics probably depends on your province, but there are laws in Canada similar to those in the US whereby a person receiving unsolicited goods and services to pay or return the goods. For ...
user6726's user avatar
  • 215k
10 votes

GDPR - reCAPTCHA with user's consent?

“From your perspective you should not worry about asking permission to use reCaptcha as it is not you who is processing the data it is google and any GDPR compliance falls on them.“ This is plain ...
Shinrai's user avatar
  • 403
10 votes

Can an incapacitated individual consent to marriage?

In Washington state, a marriage could be challenged because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence ...
user6726's user avatar
  • 215k
9 votes

Can an incapacitated individual consent to marriage?

In france, consent can be presumed from past actions and behavior. In this case, having a wedding planned for later the same week, rings bought, and so on would probably work. The same principle ...
Maxime's user avatar
  • 802
8 votes
Accepted

Collecting Pseudonymous order information without consent - GDPR

Data is personal information if it is or can be tied to an individual. A hash is problematic since it is merely pseudonymous and not anonymous. (Pseudonymization may be a good measure to mitigate the ...
o.m.'s user avatar
  • 17.8k
7 votes
Accepted

GDPR - Withdrawn user consent

This could be covered by point 1(c) of Article 6: Processing shall be lawful only if and to the extent that at least one of the following applies: ... (c) processing is necessary for compliance with ...
phoog's user avatar
  • 37.5k
7 votes
Accepted

Is a cookie notice required for analytics?

Most likely yes if you are subject to UK or EU laws: The EU ePrivacy directive and implementing laws such as PECR in the UK require that you obtain consent before accessing information on a user's ...
amon's user avatar
  • 24k
7 votes

Does Bob have a case if he ends up paying child support due to Alice's deceit?

Bob may have a case against Alice, but not related to the expenses. Depending on the jurisdiction, he may have exclusive rights on his genetic material. This is an important point in in-vitro ...
fraxinus's user avatar
  • 1,299
7 votes

Does Bob have a case if he ends up paying child support due to Alice's deceit?

united-kingdom In the United Kingdom Bob would likely not have a case, as lying about fertility is not a cause for consent to be vitiated (negated). The leading case in this is from 2020 where Jason ...
David Mulder's user avatar
  • 1,238
7 votes

Why must I consent to treatment at the eye doctor when implied consent is obvious?

One vital word is missing from here: informed consent. This means the health care provider has given you the relevant information about risks etc., which is precisely the sort of thing that you wouldn'...
obscurans's user avatar
  • 213
7 votes
Accepted

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

canada Some corrections to the premise. First, the defence of "honest but mistaken belief in communicated consent" does not require, after having taken reasonable steps to ascertain consent, ...
Jen's user avatar
  • 57.3k
7 votes
Accepted

Can sexual consent be required to enter a building?

canada This form would be irrelevant to an analysis of consent. Consent must be subjective and contemporaneous with the impugned act. See Criminal Code, s. 265 and especially s. 273.1(1.1): "...
Jen's user avatar
  • 57.3k
6 votes
Accepted

GDPR - Is consent really necessary for contact form?

My interpretation of the GDPR when it comes to a contact form is as long as your privacy notice states that what data you collect in the contact form and what legal basis that data is used for you are ...
Shinrai's user avatar
  • 403
6 votes
Accepted

If a man has sex with a girl he thinks is underage, but the girl is actually not, did he commit a crime?

YOU NEED TO KNOW MORE FACTS The age of consent to sex in the United States, in cases not involving child pornography (which is federally regulated as well as subject to state regulation) is a matter ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

Should registered users accept cookie consent in GDPR?

Yes, you still need consent (opt-in). Cookies usually require consent, but not always. There are two relevant laws at play here: GDPR makes general rules about the processing of personal data, and ...
amon's user avatar
  • 24k
6 votes
Accepted

GDPR - Consent to the use of personal data on mobile app - stored per device or signed up user?

Either approach can be GDPR-compliant. An issue to consider is that you as a data controller relying on consent “shall be able to demonstrate that the data subject has consented to processing of his ...
amon's user avatar
  • 24k
6 votes
Accepted

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

consent can be assumed Nah, consent can't be assumed just by default: it defeats the very definition of consent. Some active indication that consent is given must be present. However, where the right ...
Greendrake's user avatar
  • 27.5k

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