Pretty much spot on Mark
Consent is NEVER the basis for holding records of how you obtain and manage consent. All the reasons you suggest are valid.
The most simple and obvious as you say - the duty under Art5(2) to demonstrate compliance.
Your example is a common issue e.g. in medical research and publishing. All done by consent initially but once e.g. a photo of a facial burn is published it is not feasible to do a worldwide recall of all copies of the text.
Similarly with data generally. Obviously we anonymise where possible but often it isn't (e.g. where a time series is required) , and often allowing data which has already been used to be erased can scupper the whole basis of research because the data needs to be constant and consistent over time to allow valid analysis and comparison.
The key in all these cases is up front transparency, at the time of obtaining 'consent', about the scope of that consent, the on-going legal basis, and the limits of a later withdrawal of consent. Patient information leaflets can be quite lengthy ...
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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 https://www.jiscmail.ac.uk/help/subscribers/subscribercommands.html
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)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|