This privacy requirement is one of the fair information practices. Individuals must be able to prevent the collection of their personal data, unless the disclosure is required by law. If an individual has choice (see Choice) about the use or disclosure of his or her information, consent is the individuals’ way of giving permission for the use or disclosure. Consent may be affirmative; i.e., opt-in; or implied; i.e., the individual didn’t opt out. (1) Explicit Consent: A requirement that an individual "signifies" his or her agreement with a data controller by some active communication between the parties. According to the EU Data Protection Directive, explicit consent is required for processing of sensitive information. Further, data controllers cannot infer consent from non-response to a communication. (2) Implicit Consent: Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
Reference(s) in IAPP Certification Textbooks: F16; C28, G178
Associated term(s): Choice