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Friday, July 15, 2011

Article 29 Working Party Publishes Opinion on the Definition of Consent

By Mehmet Munur

On July 13, the Article 29 Working Party published an opinion on the definition of consent. The document expands on the Working Party’s previous definition of consent and now includes the following elements: indication, freely given, specific, unambiguous, explicit, and informed.

The document also includes recommendations for the upcoming review of the EU Data Protection Directive.  Those recommendations relate to specifically defining unambiguous consent, as opposed to implicit consent; controls for data controllers; quality and accessibility of information forming the basis for consent; and other suggestions regarding minors.  Similar to the Working Party’s definition of controllers, this new opinion contains example scenarios. These examples include everything from Bluetooth ads, to e-health records, to body scanners.  You may find the opinion here.  


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