Explicit consent is a type of consent that is required by privacy laws such as the GDPR in certain circumstances where the processing of personal data is considered to be sensitive or could have significant consequences for the individual.
Explicit consent is a higher standard of consent compared to other types of consent, such as implied or opt-out consent. It requires that the data subject provides a clear and affirmative statement or action indicating their consent to the processing of their personal data.
This means that the data subject must be provided with clear and specific information about the purpose and nature of the processing, and must actively indicate their agreement.
Examples of situations where explicit consent is required under the GDPR include:
- Processing of sensitive personal data: Explicit consent is required for the processing of special categories of personal data, which includes data related to race, ethnicity, religion, political beliefs, health, or sexual orientation.
- Processing of data for automated decision-making: If personal data is being processed for automated decision-making that has legal or similarly significant effects on the data subject, explicit consent is required.
- Processing of data for scientific, historical or statistical research purposes: If personal data is being processed for research purposes, explicit consent may be required depending on the nature of the research and the sensitivity of the data.
Organizations that collect, use, or process personal data must ensure that they obtain valid and explicit consent from data subjects where required by privacy laws.
This means that organizations must provide clear and specific information to data subjects about the purpose and nature of the processing, and obtain a clear and affirmative indication of consent from the data subject.
In summary, explicit consent is a higher standard of consent required by privacy laws, including the GDPR, in certain circumstances where the processing of personal data is considered to be sensitive or could have significant consequences for the individual.
It requires that the data subject provides a clear and affirmative statement or action indicating their consent to the processing of their personal data.
