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 ...
- 527
33
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 ...
- 396
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 ...
- 4,716
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They must comply with your restrictions, via the principle that consent can be withdrawn.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 ...
- 210k
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.
...
- 3,587
17
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 ...
- 1,154
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 ...
- 828
15
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 ...
- 210k
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 ...
- 43.5k
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 ...
- 14.8k
11
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 ...
- 210k
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, ...
- 7,110
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 ...
- 23.9k
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 ...
- 403
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 ...
- 210k
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 ...
- 683
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 ...
- 35.1k
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 ...
- 23.9k
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 ...
- 1,271
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 ...
- 1,154
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'...
- 213
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 ...
- 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 ...
- 195k
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 ...
- 23.9k
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 ...
- 23.9k
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 ...
- 25.7k
6
votes
Would Mr. E still have been guilty of rape if he’d mistakenly penetrated his stepdaughter while instead intending to penetrate his partner?
Yes
Mr E required consent from the person he had intercourse with. Thinking she was someone else is not consent and I can’t see why you would think it could be.
- 198k
5
votes
Accepted
Video Recording Cops
In general, police have no special protection from being recorded; if it is legal to video or audio record a person in that jurisdiction then it is legal to record a police officer in that ...
- 198k
5
votes
Accepted
Why does Google require consent from users in order to process ads personalization data?
This is a large question, so I'll only put a spotlight on some misconceptions.
Why can't Google use legitimate interest instead of consent to serve ads?
A data controller such as Google must choose ...
- 23.9k
Only top scored, non community-wiki answers of a minimum length are eligible