CIPT (Certified Information Privacy Technologist) Practice

What defines "explicit consent" in data processing?

1. A vague representation of consent

2. A clear, affirmative action by the data subject indicating their agreement to data processing

3. Implied consent through continued use of a service

4. Consent that can be assumed if no objection is raised

The correct answer is: A clear, affirmative action by the data subject indicating their agreement to data processing

Explicit consent in data processing is defined as a clear, affirmative action taken by the data subject that demonstrates their agreement to the processing of their personal data. This type of consent is characterized by its unambiguous nature, meaning that the individual must take specific steps to indicate their approval, such as clicking an "I agree" checkbox or signing a consent form. The emphasis on a clear, affirmative action is critical because it ensures that the data subject is fully aware of what they are consenting to. This level of transparency is essential in privacy regulations, such as the General Data Protection Regulation (GDPR), which seeks to protect individuals' rights regarding their personal information and requires organizations to obtain informed consent before processing data. In contrast, vague representations of consent do not meet the standard required for explicit consent, as they lack clarity and certainty. Similarly, implied consent relies on assumptions based on behavior rather than a clear expression of agreement and does not provide the individual with the same level of control over their personal data. Consent that can be assumed if no objection is raised further undermines the principle of informed consent, as it does not involve the individual actively indicating their agreement to data processing.