I am not limited to a opt-out box - should have made this clear
The point is that an opt-in is definitely consent; so what are the attributes of such consent (and these attributes can be many and of course they change dependent on the circumstances of data collection)
However the proposition of the blog is that if the opt-out moves away from equivalence to opt-in then it cannot be consent.
C
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 19 January 2017 16:21
To: [log in to unmask]
Subject: Re: [data-protection] GDPR - sharing data with the Student's Union.
One problem with the Hawktalk analysis is that it seems to focus on the actions of the DC. I can perhaps be persuaded that the DC can phrase an opt-out so that from his perspective they look identical (they certainly do as a matter of logic).
However when you look at it from the subject's side the two are clearly not the same.
"In other words, the “opt-out” version of consent has to be exactly the same as the “opt-in” version of consent except for the opt-out wording (i.e. “tick the box if you do NOT want to be marketed by email [ ]”)."
I can see the attraction of an equivalence argument. But is that example actually different from having no tick box at all and simply saying "unless we here from you we will assume consent"? NB I assume the issue is consent not legitimate interest.
In both cases, however prominent, the DC cannot KNOW that subject has even read that bit. So there is in both cases a proscribed ambiguity: either the subject does consent, or he did not read and act on the relevant part.
Having said all that, and even if we concede that, for the sake of argument, it is possible in some absolutely clear cases to obtain consent by opt-out, why are we even considering it here? Applying the proper spirit behind GDPR what reason is there not to have a simple opt-in?
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask] All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|