If Ia Withdrew Consent Can Be Contacted Again?
In detail
- How should we write a consent request?
- What data should a consent request include?
- What methods can we utilize to signal consent?
- How should we tape consent?
- How should we manage consent?
- How should nosotros manage the right to withdraw consent?
How should we write a consent request?
Consent requests demand to be prominent, concise, easy to sympathize and separate from whatever other information such as general terms and conditions.
Commodity seven(2) says:
"If the data field of study'south consent is given in the context of a written declaration which likewise concerns other matters, the request for consent shall exist presented in a style which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain linguistic communication. Any part of such a annunciation which constitutes an infringement of this Regulation shall non be bounden."
You should:
- proceed your consent asking separate from your general terms and weather condition, and clearly straight people's attention to it;
- utilize clear, straightforward language;
- adopt a simple style that your intended audience will notice easy to empathise – this is particularly of import if you are asking children to consent, in which case you may desire to prompt parental input and you should likewise consider historic period-verification and parental-authorisation bug;
- avert technical or legal jargon and confusing terminology (eg double negatives);
- use consistent language and methods across multiple consent options; and
- keep your consent requests concise and specific, and avoid vague or blanket wording.
What information should a consent request include?
Consent must be specific and informed. You lot must as a minimum include:
- the name of your organisation and the names of any other controllers who will rely on the consent – consent for categories of tertiary-party controllers will non be specific plenty;
- why yous desire the data (the purposes of the processing);
- what you will practise with the information (the processing activities); and
- that people can withdraw their consent at any time. It is proficient do to tell them how to withdraw consent.
This is split from the transparency requirements of the correct to be informed. Y'all must also make sure you lot give individuals sufficient privacy information to comply with their right to exist informed, but you don't have to do this all in the consent request and there is more than scope for a layered approach.
There is a tension betwixt ensuring that consent is specific enough and making it concise and piece of cake to understand. In do this means you may not be able to get blanket consent for a large number of controllers, purposes or processes. This is because you won't be able to provide prominent, curtailed and readable information that is also specific and granular enough.
If you lot exercise need to include a lot of information, take care to ensure information technology's all the same prominent and easy to read.
You may need to consider whether you have another lawful footing for any of the processing, and so that you lot can focus your consent asking. If you use another ground, you will still demand to provide clear and comprehensive privacy data, but – every bit noted in a higher place - this is different from a consent request and in that location is more scope for a layered approach.
You could also consider using 'simply-in-fourth dimension' notices. These work by actualization on-screen at the point the person inputs the relevant data, with a brief message most what the data will exist used for. This volition help yous provide more information in a prominent, articulate and specific way to ensure that consent is informed. Yet, you lot will demand to combine the notices with an agile opt-in and ensure this is non disproportionately disruptive to the user. There'due south more on methods of consent below.
See 'What is valid consent?' for more on the requirement for consent to be specific and informed.
Further reading – ICO guidance
For more than guidance on a layered approach to transparency, and the utilize of but-in-fourth dimension notices, meet our Correct to be informed guidance.
What methods tin can nosotros apply to obtain consent?
Whatever method yous employ must encounter the standard of an unambiguous indication by articulate affirmative action. This ways you must ask people to actively opt in. Examples of active opt-in mechanisms include:
- signing a consent statement on a paper form;
- ticking an opt-in box on newspaper or electronically;
- clicking an opt-in button or link online;
- selecting from equally prominent yes/no options;
- choosing technical settings or preference dashboard settings;
- responding to an email requesting consent;
- answering yes to a clear oral consent request;
- volunteering optional data for a specific purpose – eg filling optional fields in a course (combined with just-in-time notices) or dropping a business organisation menu into a box.
If you need explicit consent, the opt-in needs to involve an express argument confirming consent. See 'What is explicit consent?' for more information.
You cannot rely on silence, inactivity, pre-ticked boxes, opt-out boxes, default settings or a blanket credence of your terms and conditions.
The UK GDPR does not specifically ban opt-out boxes but they are essentially the aforementioned as pre-ticked boxes, which are banned. Both methods bundle up consent with other matters by default, and then rely to some extent on inactivity. They also increase the likelihood of defoliation and ambiguity.
The usual reason for using opt-out boxes is to get more people to consent by taking advantage of inaction – but this is a clear alarm sign of a trouble with the quality of the consent. You should instead use specific opt-in boxes (or another active opt-in method) to obtain consent.
Example
If you don't desire us to share your response with ABC company please tick here ☐
If you would similar us to share your response with ABC visitor please tick hither ☐
If you desire consent for diverse different purposes or types of processing, you should provide a separate opt-in for each unless yous are confident information technology is appropriate to bundle them together. People should not be forced to hold to all or zip – they may want to consent to some things but not to others.
If yous are asking for consent electronically, consent must be "not unnecessarily disruptive to the use of the service for which it is provided". You need to ensure you adopt the most convenient method you lot can. If your processing has a minimal privacy impact and is widely understood, yous may be able to justify a less prominent or granular approach, or a greater reliance on technical settings. But you must nevertheless always ensure people accept genuine choice and control, and take some positive activity. Disruption is non an excuse for invalid consent.
If you lot need to obtain an individual'southward consent online, you don't demand to force people to create user accounts and sign in just then yous can obtain verifiable consent. But y'all tin can of grade offering this every bit an pick, in case people desire to save their preferences. Article 11 makes information technology articulate that yous don't have to get boosted data to identify the private in order to comply.
Instead, you could for example link the consent to a temporary session ID. Conspicuously, after the session ends and the link betwixt the individual and the session is destroyed, you will demand to seek fresh consent each time the private returns to your website.
If you are offering online services to children and desire to rely on consent for your processing, you need to prefer age-verification measures and seek parental consent for children nether 13. See What are the rules on children's consent?
See 'What is valid consent?' for more than on what the United kingdom GDPR says about unambiguous indications of consent by clear affirmative activity.
How should we tape consent?
Article seven(1) says:
"Where processing is based on consent, the controller shall exist able to demonstrate that the data subject has consented to processing of his or her personal data."
This means you must take an constructive audit trail of how and when consent was given, so you can provide evidence if challenged. You should keep this evidence for as long as you are still processing based on the consent, so that you can demonstrate your compliance in line with accountability obligations.
Practiced records will also help you to monitor and refresh consent every bit appropriate. You must continue good records that demonstrate the following:
- Who consented: the name of the individual, or other identifier (eg, online user name, session ID).
- When they consented: a copy of a dated certificate, or online records that include a timestamp; or, for oral consent, a note of the time and appointment which was made at the time of the chat.
- What they were told at the time: a chief copy of the document or information capture class containing the consent argument in use at that time, along with any divide privacy policy or other privacy information, including version numbers and dates matching the date consent was given. If consent was given orally, your records should include a copy of the script used at that fourth dimension.
- How they consented: for written consent, a copy of the relevant document or data capture course. If consent was given online, your records should include the data submitted too as a timestamp to link it to the relevant version of the data capture form. If consent was given orally, y'all should keep a note of this made at the time of the conversation - information technology doesn't need to be a full tape of the conversation.
- Whether they have withdrawn consent: and if so, when.
Example
You continue a spreadsheet with 'consent provided' written against a client'due south proper noun.
Y'all keep a re-create of the customer'due south signed and dated form that shows they ticked to provide their consent to the specific processing.
Instance
Y'all keep the fourth dimension and engagement of consent linked to an IP address, with a web link to your current data-capture form and privacy policy.
You continue records that include an ID and the data submitted online together with a timestamp. Y'all too keep a copy of the version of the data-capture class and any other relevant documents in apply at that date.
Example
You put a tick next to a customer's proper name to indicate that they told you verbally that they consent.
Yous keep records that include the time and appointment of the conversation, the name and date/version of the script used.
Consent should be specific and granular, and so your records also need to be specific and granular to demonstrate exactly what the consent covers.
For online consent, you may be able to employ an advisable cryptographic hash part to support data integrity.
How should we manage consent?
Your obligations don't stop when you get consent. Yous should view consent as a dynamic role of your ongoing relationship of trust with individuals, not a 1-off compliance box to tick and file away. To reap the benefits of consent, you need to offer ongoing selection and control.
It is good exercise to provide preference-management tools like privacy dashboards to allow people to hands access and update their consent settings.
If y'all don't offer a privacy dashboard, y'all need to provide other piece of cake ways for people to withdraw consent at any time they choose. Run into 'How should yous manage the right to withdraw consent?'
You lot should keep your consents nether review. You will need to refresh them if anything changes – for case, if your processing operations or purposes evolve, the original consent may non be specific or informed enough. If y'all rely on parental consent, bear in heed that y'all may demand to refresh consent more regularly as the children grow upward and can consent for themselves. If you lot are in any dubiety about whether the consent is still valid, you should refresh it. Encounter 'How long does consent concluding?' for more than on this.
Yous should also consider whether to automatically refresh consent at appropriate intervals. How often it's appropriate to exercise so will depend on the particular context, including people's expectations, whether you lot are in regular contact, and how disruptive repeated consent requests would be to the individual. If in doubt, we recommend you consider refreshing consent every two years – but you may be able to justify a longer menses, or need to refresh more than regularly to ensure good levels of trust and engagement.
If you are not in regular contact with individuals, you could also consider sending occasional reminders of their right to withdraw consent and how to practice and then.
Further reading – ICO guidance
For more on preference-management tools, run across our guidance on the Right to be informed.
How should nosotros manage the correct to withdraw consent?
The U.k. GDPR gives people a specific correct to withdraw their consent. You lot need to ensure that you lot put proper withdrawal procedures in place.
Article 7(three) says:
"The data discipline shall have the right to withdraw his or her consent at any fourth dimension. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as piece of cake to withdraw every bit to give consent."
As the right to withdraw is 'at whatsoever time', information technology's not enough to provide an opt-out only by respond. The individual must be able to opt out at any time they choose, on their own initiative.
It must also be every bit easy to withdraw consent as information technology was to requite information technology. This ways the process of withdrawing consent should exist an easily accessible 1-step procedure. If possible, individuals should be able to withdraw their consent using the same method as when they gave it.
Example
An individual gives their consent using Company A's online form. At a later date they decide they wish to withdraw their consent. Company A provides a phone number for withdrawing consent.
An individual gives their consent using Company B'southward online course. At a afterward engagement they determine they wish to withdraw their consent. Company B provides an online form for withdrawing consent, available from an opt-out link at the lesser of every page.
Instance
Company C gets consent over the phone. The individual decides at a later on engagement they wish to withdraw their consent. Company C provides a postal address for the individual to use to withdraw their consent.
Company D too gets consent over the phone. The private decides at a subsequently appointment they wish to withdraw their consent. Company D provides a phone number for anyone wishing to withdraw their consent.
It is practiced practice to publicise both online preference-management tools and other ways of opting out, such equally customer-service phone numbers. You should carry in mind that non everyone is confident with technology or has easy admission to the cyberspace. If someone originally gave consent on paper or in person, it may not be enough to offer only an online opt-out.
It is also good practice to provide both anytime opt-out mechanisms, such as privacy dashboards, and opt-out by reply to every contact. This could include an unsubscribe link in an electronic mail, or an opt-out phone number, address or web link printed in a letter.
The U.k. GDPR does not prevent a third party acting on behalf of an private to withdraw their consent, but you need to be satisfied that the third party has the authority to do so. This leaves the door open for sectoral opt-out registers or other broader shared opt-out mechanisms, which could help individuals regain control they might feel they have lost. It might too help to demonstrate that consent is equally easy to withdraw as it was to give.
Example
The Fundraising Regulator has set up the Fundraising Preference Service (FPS). The FPS operates as a machinery to withdraw consent to clemency fundraising. If an individual wishes to stop receiving marketing from particular charities, they tin can apply the FPS to withdraw consent from those specific charities.
Individuals must be able to withdraw their consent to processing without suffering any detriment. If there is a penalty for withdrawing consent, the consent would be invalid every bit it would not be freely given. Run across 'When is consent valid?' for more on freely given consent.
If someone withdraws their consent, this does not affect the lawfulness of the processing up to that point. Notwithstanding, information technology does mean you can no longer rely on consent as your lawful footing for processing. You lot volition need to finish any processing that was based on consent. Yous are not able to swap to a different lawful basis for this processing (although you may be able to retain the data for a different purpose under another lawful basis if it is fair to do so – and you should take made this clear from the commencement). Even if yous could originally take relied on a different lawful basis, in one case you lot choose to rely on consent yous are handing control to the individual. It is inherently unfair to tell people they have a choice, but then continue the processing later on they withdraw their consent.
If someone withdraws consent, you should finish the processing as soon equally possible. In some cases it volition exist possible to stop immediately, particularly in an online automated environment. Nonetheless, in other cases you may exist able to justify a short delay while you procedure the withdrawal.
Withdrawals of consent also apply to special category data where explicit consent is existence used. Therefore if you lot are using explicit consent as your Article 9 status and the private withdraws their consent you can no longer apply this as your status. However, dissimilar Commodity half dozen, it could be possible for you to use a different Article nine condition instead only you lot withal need to ensure that this is communicated to the individual and is fair.
You must include details of the right to withdraw consent in your privacy information and consent requests. It is adept exercise to also include details of how to withdraw consent.
In some cases you lot may demand to continue a tape of the withdrawal of consent for your ain purposes – for example, to maintain suppression records so that you tin can comply with directly marketing rules. You don't need consent for this, as long every bit you tell individuals that you will keep these records, why you need them, and your lawful basis for this processing (eg legal obligation or legitimate interests).
Source: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/consent/how-should-we-obtain-record-and-manage-consent/
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