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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They must comply with your restrictions, via the principle that consent can be withdrawn.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 ...
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23 votes

Can an incapacitated individual consent to marriage?

In england-and-wales this would fall within the Mental Capacity Act 2005 and depends on whether he lacks the mental not physical, capacity to make the decision for himself. Can he: Understand the ...
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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 ...
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13 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 ...
12 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 ...
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12 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, ...
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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 ...
  • 19.2k
10 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 ...
  • 693
9 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 ...
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9 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 ...
  • 170k
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 ...
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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 ...
  • 19.2k
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 ...
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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

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 ...
  • 19.2k
6 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 ...
  • 1,123
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 ...
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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 ...
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5 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 ...
  • 145k
5 votes

What is the principle that children can consent to other children of the same age, but not to an adult, called?

The exception is often called a Romeo and Juliet exception colloquially when applied to statutory rape laws. See, e.g. here. It is an exception to the age of capacity to consent to sexual conduct, not ...
  • 145k
4 votes
Accepted

Clarification for UK age of consent

The only age of consent in England and Wales is 16. The relevant provision is Section 9 of the Sexual Offences Act 2003. 9 Sexual activity with a child (1) A person aged 18 or over (A) commits an ...
  • 162k
4 votes

Age of consent for a person with dual citizenship

He has to follow the law of the country he is in and those of which he is a citizen. A citizen is subject to their country's jurisdiction wherever they are, however, some laws are only enforced within ...
  • 162k
4 votes

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

I believe in this case, your company (OrgX) is a data processor and your customer's organization (OrgY) is the data controller. OrgY is responsible for establishing a lawful basis for sending you (...
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4 votes
Accepted

GDPR email consent - Pre ticked "No" box

Yes, since you default to no consent, ergo consent would have to be positive. It's rather unsatisfactory though as a sort of double-negative, and needs careful wording to make sure consent is informed....
4 votes

GDPR - Is consent really necessary for contact form?

Beware, a lot of GDPR quotes ahead. Do we need a user's consent when being contacted by a contact form? No, Article 4(11) states: ‘consent’ of the data subject means any freely given, specific, ...
4 votes

Is borrowing without consent illegal?

Yes, it's illegal new-south-wales s118 of the Crimes Act says: Where, on the trial of a person for larceny, it appears that the accused appropriated the property in question to the accused’s own use, ...
  • 162k
4 votes

What's the minimum age of consent for sexual matters in India

Independent Thought vs Union Of India (2017) apparently states the law of India, presently, and the answer is, 18. India being a common law country, the Supreme Court has the power to interpret the ...
  • 170k
4 votes

What's the minimum age of consent for sexual matters in India

Section 42-A of the POCSO Act, lays down two important principles. Firstly, that this Act is not in derogation of any other Act which was legislated by a competent legislator and secondly this Act has ...
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4 votes

How work at home effects interstate telephone recording consent

The main legal question is, whose law applies? According to Krauss v. Globe Int'l, Inc., 1995 N.Y. Misc. LEXIS 787, where Krauss (in all-party PA) was recorded by Globe (in one-party NY). Krauss sued ...
  • 170k
3 votes

EU Cookie Law can I use cookies before users' consent?

The ePrivacy directive (Article 5(3)) requires prior informed consent for storage (or access) of information stored on a user's terminal equipment. In other words - you must ask users if they agree ...
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