Consent Principle

PRINCIPLE: Consent

DEFINITON AND DESCRIPTION:

Composite Operational Definition: 

Consent: The capability, including support for Sensitive Information, Informed Consent, 

Change of Use Consent, and Consequences of Consent Denial, provided to data 

subjects to allow the collection and/or specific uses of some or all of their personal data 

either through an affirmative process (implicit) or implied (not choosing to opt-out when this 

option is provided) or opt out. 

The term  Consent is used in reference to:

1. Sensitive Information 

1.  While there is general agreement on the principle, there are potentially major differences. For example, the EU limits the collection and use of sensitive information by force of law, while others use potentially ambiguous language. 
2.  Data Subjects must be informed of, and explicitly consent to, the collection, use and disclosure of sensitive information (i.e. medical or health conditions, racial or ethnic origins, political views, religious or philosophical beliefs, trade union membership or information regarding sex life) unless a law or regulation specifically requires otherwise. 

1. Informed Consent

1. The Data Subject must provide informed consent to the collection of personal information unless a law or regulation specifically requires otherwise.

1. Change of Use Consent 

1.  Consent must be acquired from the Data Subject to use personal information for purposes other than those originally stated at time of collection. 

            4. Consequences of Consent Denial 

1.  Data Subjects must be made aware of the consequences of denying consent.