Daily DashboardEuropean Data Protection Digest

Article 29 Working Party: Prior Consent Necessary

PRIVACY LAW—EU

July 26, 2011

The Article 29 Working Party guidance on the European e-Privacy Directive states that "the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent," reports research-live.com. While the directive does not use the word "prior" specifically, the Working Party writes that it is a "clear and obvious conclusion from the wording of the provision...Otherwise, the processing carried out during the period of time from the moment the processing had started until the moment that consent had been obtained would be unlawful because of lack of legal ground."
Full Story