Tim Wright wrote:
>Where does it expressly forbid assumed consent? The third schedule refers to
>"explicit consent", the second schedule just to "consent". I have always
>assumed that the lack of "explicit" in the second schedule means that
>"assumed" may be assumed...
Implied or assumed consent is forbidden in Schedule2 - where it says that in
order to be lawful (assuming consent is needed) the data subject has GIVEN
consent. If the person has not returned a form, how can s/he have given
anything?
If the person has returned the form, but not ticked the opt-out box, they can
be seen to have given consent negatively.
Ian Buckland
MD
Keep IT Legal Ltd
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