Explicit consent
CIPP/E glossary · Last reviewed: · By Victor Humenhuk (CIPP/E certified)
Explicit consent - A stricter, higher-bar consent for special-category data - still freely given, specific, informed and unambiguous, but usually expressly recorded via a clear affirmative act.
In the CIPP/E body of knowledge, Explicit consent comes up under Ch 12.8 - Derogations; Ch 14.3 - Sensitive employee data; Ch 7.3.1-7.3.10 - Lifting the prohibition.
Explicit consent in context
- Such processing is allowed only if authorised by law, necessary for a contract, or based on explicit consent - and only with ==suitable safeguards==, including human intervention, expressing a view, an explanation, and the right to challenge. (Right not to be subject to solely automated decision-making)
- They include ==explicit consent==, contract necessity, substantial public interest, legal claims, vital interests, public registers, and the narrow [[compelling legitimate interests]] gateway. (Relying on the Article 49 derogations)
- [[Explicit consent]] is the first listed exception but should again be a ==last resort==, and in some states cannot even lift the prohibition. (Processing sensitive employee data)
Where Explicit consent is covered in the CIPP/E study notes
- Article 9 exceptions - the ten conditions
- Relying on the Article 49 derogations
- Processing sensitive employee data
- Module 4 · Special-category data and Article 9 exceptions
- Module 7 · Derogations & restrictions (Article 49)
- Module 8 · Sensitive employee data, record retention & BYOD
Related terms
- Manifestly made public
- Article 89(1)
- Article 49
- Compelling legitimate interests
- Article 9
- Article 9(2)(b)
- Trade union membership
- Collective agreement
- Special-category data
- Derogations
Test yourself on Explicit consent
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