Consent and Deemed Consent
Consent and deemed consent are two different concepts related to data protection and privacy regulations:
1. Consent:
Consent refers to the explicit and voluntary agreement given by an individual for the processing of their personal data. It involves a clear and affirmative action where the individual is fully aware of what they are consenting to. Consent should be specific, informed, and unambiguous. Organizations are required to obtain consent before collecting, using, or sharing an individual's personal data for a particular purpose. Consent can be withdrawn by the individual at any time.
2. Deemed Consent:
Deemed consent, on the other hand, is a concept where consent is assumed or implied based on the actions or behavior of an individual, even if explicit consent has not been provided. It is often used in specific circumstances where an individual's behavior or participation implies their agreement to the processing of their personal data. However, the use of deemed consent is usually subject to certain legal criteria and limitations. Not all data processing activities can rely on deemed consent, and regulations such as the GDPR emphasize the importance of obtaining explicit and clear consent for certain types of data processing, especially involving sensitive data.
In summary, the key difference between consent and deemed consent lies in their nature and requirement. Consent is an explicit, informed, and affirmative agreement given by an individual, while deemed consent is an assumption of consent based on the individual's actions or behavior.
Organizations should carefully assess whether deemed consent is appropriate and in line with relevant data protection laws and regulations before relying on it.
Instances where deemed consent is applied is in the context of
1. Reasonable expectation
2. Employment relationships, and
3. credit scoring.
Deemed consent is a concept that suggests that under certain circumstances, consent can be assumed or inferred based on the context, actions, or behaviors of the parties involved, even if explicit verbal or written consent has not been provided. Explanations for the three instances mentioned:
1. Reasonable Expectation: Deemed consent based on reasonable expectation involves situations where an individual's actions or behaviors imply their consent due to the reasonable expectations associated with a particular context. Smart devices like voice assistants (e.g., Amazon Echo, Google Home) respond to voice commands to perform tasks. Users who interact with these devices and issue commands implicitly give consent for their voices to be recorded and processed to carry out the requested actions. Their continued use of the device can be deemed as ongoing consent for these voice interactions Similarly, if we enter a public space with security cameras clearly visible, our presence might be deemed as consent to being recorded.
2. Employment Relationships: In the context of employment relationships, deemed consent can apply to certain routine aspects of the job. For instance, an employee might be deemed to have consented to reasonable monitoring of their work-related communications on company devices, given that the devices are provided by the employer for work purposes. However, the extent to which such deemed consent can be assumed is subject to legal and ethical considerations, and it's important for employers to clearly communicate their policies to employees.
3. Credit Scoring: Deemed consent is also relevant in credit scoring and financial services. When you apply for a loan or credit card, your credit history is often checked, and this action is typically considered a form of implied consent for the credit check. Similarly, when you apply for credit, the lender may share your financial information with credit bureaus to calculate your credit score, which can be seen as consent for the purpose of evaluating your creditworthiness.
In all of these instances, the concept of deemed consent helps balance the need for efficiency and practicality with individuals' rights and privacy. However, it's important to note that the boundaries of deemed consent can be legally and ethically complex, and they can vary by jurisdiction and specific circumstances. Clear communication, transparency, and respecting individuals' rights remain essential in any situation involving deemed consent.
But the assumptions must be reasonable,fair and balanced.
