News, Developments, and Insights

high-tech technology background with eyes on computer display

Cartoon: GDPR Consent

Cartoon GDPR Consent - TeachPrivacy GDPR Training 02 medium

This cartoon is about consent under the GDPR.  Under the GDPR Article 6, consent is one of the six lawful bases to process personal data. Article 7 provides further guidance about consent, including the data subject’s right to withdraw consent.  The meaning of what “consent” requires is most thoroughly stated in Recital 32:

Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject’s consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.

Continue Reading

Facebook’s Psych Experiment: Consent, Privacy, and Manipulation

facebook psych blog 1

by Daniel J. Solove

This weekend, the results of an experiment conducted by researchers and Facebook were released, creating a fierce debate over the ethics of the endeavor. The experiment involved 689,003 people on Facebook whose News Feed was adjusted to contain either more positive or more negative emotional content. The researchers were looking for whether this had an effect on these people’s moods. And it did, albeit a small one. People exposed to more positive content had posts that were more positive, and those exposed to more negative content had posts that were more negative. This was measured by the types of words they used.

The experiment launched a fierce response from critics, some of whom decried it as unethical and creepy. In my view, it isn’t productive to castigate Facebook or the researchers, as the problems here emerge from some very difficult unresolved issues that go far beyond this experiment and Facebook. I want to explore these issues, because I’m more interested in making progress on these issues than on casting stones.

Continue Reading

Georgia v. Randolph and Consent to Search One’s Home

Consent to Search a Home Under the Fourth Amendment

Once upon a time, a wolf came to the home of a little pig:

Wolf: “Hello, little pig, let me come in.”

Pig: “No, no! Not by the hair of my chinny chin chin!”

Wolf: “Well, then I’ll huff and I’ll puff and I’ll blow your house in.”

Pig’s Wife: “That won’t be necessary, Wolf, come in, come in.”

But it’s not yet time to rewrite the tale of the Three Little Pigs.

Continue Reading