Re: Elements/Properties of Consent

Dear Eva, Dear All.
Comments are inline.

On 19/10/18 5:57 AM, Eva Schlehahn wrote:
> First, I think it could make sense to add a reference to the content of 
> the consent _request_ (either as link or in any other form). Because in 
> case if there is an audit, the auditor can look at both, the request 
> (which usually has all the information of the agreement in detail) and 
> the affirmative action given.
I agree that this information is necessary for compliance verification.
I think that this would be better modeled as a property of the 
provenance of consent rather than the state of consent.
I have tried to address this in the competency questions as "How was the 
consent obtained", which includes the medium used as well as artefacts 
used to obtain the consent.

> Second, the status of the consent could be a third point of the consent 
> provenance (let's say no. 7 of the list, or as part of no. 5). But 
> besides the labels Harsh suggested (I like them!), I suggest to also add:
> 
>   * pending, which means a request for consent has been made but the
>     data subject has not yet responded,
I agree that this is a valid state for consent. However, I propose to 
use "requested" rather than "pending" to clarify the nature of consent 
being requested but not yet granted.
Pending is a broader term IMHO and can be applied to a larger set of 
consent states.
In the same vein, should "Refused" be a consent state?
IMHO, I think yes.

>   * referring to the personal data of a minor
I disagree that this should be a consent state. This is a property of 
the data subject the consent is concerned with, and it is associated 
with the validity of consent (guardian/parental permission etc.) rather 
than the state of consent.
However, we can discuss if 'given by another entity in lieu of the data 
subject' should be a state of consent.
I propose to term this as "Given by Delegation'

>   * referring to the personal data of a disabled person in need of
>     specific accessibility provisions to manage consent
Likewise from above.

Regards,
-- 
---
Harshvardhan J. Pandit
PhD Researcher
ADAPT Centre, Trinity College Dublin
https://harshp.com/

Received on Tuesday, 23 October 2018 17:22:35 UTC