The decision in Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal doesn’t particuarly break new ground, but rather reinforces what we already know about consent to data processing in the EU, namely:
- That it must be freely given, specific, informed and unambiguous; and
- Silence, inactivity or pre-ticked boxes don’t meet this standard.
GigaScience, Volume 9, Issue 2, February 2020. |
Data reuse is often controlled to protect the privacy of subjects and patients. Data discovery tools need ways to inform researchers about restrictions on data access and re-use. We present elements in the Data Tags Suite (DATS) metadata schema describing data access, data use conditions, and consent information. DATS metadata are explained in terms of the administrative, legal, and technical systems used to protect confidential data. The access and use metadata items in DATS are designed from the perspective of a researcher who wants to find and re-use existing data. We call for standard ways of describing informed consent and data use agreements that will enable automated systems for managing research data. |
The Guidelines update the previous guidelines on consent and transparency, which the Article 29 Working Party adopted on 10 April 2018. The EDPB has published the Guidelines in order to provide further detail on the following points in the previous guidelines:
- The validity of consent provided by the data subject when interacting with cookie walls.
- Examples of a consent mechanism in relation to scrolling and consent (see example 16).