Types of Consent

  • Express consent is unmistakably stated, such as in writing or orally.
  • Implied consent is inferred from a person's actions or circumstances.
  • Informed consent in medicine requires a clear understanding of the facts and consequences.
  • Unanimous consent is given by all parties involved.
  • Substituted consent allows a decision maker to act on behalf of an incompetent person.

Consent in the Digital World

  • End-user consent is important in digital regulations like the GDPR.
  • GDPR defines specific requirements for valid consent.
  • Enforceability of lawful consent has been a challenge in the digital world.
  • Big Tech companies have been accused of using dark patterns to obtain consent.
  • Obtaining lawful consent is crucial for data controllers.

Consent in Various Legal Contexts

  • Consent can be expressed or implied.
  • Participation in contact sports implies consent to a certain level of contact.
  • Express consent can be oral or written, such as signing a liability waiver.
  • Volenti non fit injuria principle applies to willing participants in risky activities.
  • Consent can be used as a defense in cases involving accidental deaths during sex.

Consent in Medicine

  • Consent is important to protect medical practitioners from liability.
  • A practitioner must explain significant risks before obtaining binding consent.
  • Failure to explain material risks can be considered negligent.
  • In the UK, a patient-focused test was introduced to allow patients to decide the level of risk they wish to take.
  • The rule of medical paternalism was removed in the UK.

Consent in Social Science Research and Education

  • Informed consent is required in social science research involving human subjects.
  • Researchers must explain the study's purpose and obtain participants' understanding and consent.
  • Deception may be used in certain studies, but participants must be debriefed afterward.
  • Special protections are provided for vulnerable populations.
  • Sex education programs are incorporating discussions on sexual consent in primary, high school, and college curricula.

Consent Mentions

Consent Data Sources

Reference URL
Knowledge Graph