>
>There are a lot of contexts where consent is problematic to obtain,
>where people simply click right through informed consent prompts,
>and/or where obtaining consent is directly against the public interest
>(e.g., public health monitoring of disease would not work very well if
>folks could opt-out of such data sharing). I say this because this is
>a big difference between the US and EU views on privacy regulation,
>with the EU favoring explicit, informed consent pretty heavily. I
>think the US view is less coherent, but would probably be
>characterized as "consent or opt-in is required for especially
>sensitive contexts, demographics, and data types".
In the EU, consent can be used as a legal grounds for data processing, but
it is not the only one, nor is there any preference given to it over the
other six grounds. If anything there has been a tendency to use one of the
other grounds, because it can be difficult to implement in practice.
"If incorrectly used, the data subject¹s control becomes illusory
and consent constitutes an inappropriate basis for processing."
(http://ec.europa.eu/justice/data-protection/article-29/documentation/opini
on-recommendation/files/2011/wp187_en.pdf)
Josh.
Janet(UK) is a trading name of Jisc Collections and Janet Limited, a
not-for-profit company which is registered in England under No. 2881024
and whose Registered Office is at Lumen House, Library Avenue,
Harwell Oxford, Didcot, Oxfordshire. OX11 0SG. VAT No. 614944238
_______________________________________________
ietf-privacy mailing list
[email protected]
https://www.ietf.org/mailman/listinfo/ietf-privacy
