‘Consenting to Data Collection’

“Consent is a foundational concept in contract law and permits actions that might otherwise be illegal or legally questionable. Consent has also become a focal point in discussions about privacy and data collection. The boundaries of what’s acceptable when it comes to data collection are ill-defined. Generally, at least in the US, consent is used to mark those boundaries more clearly. Because consent is typically in the form of notice of a wrap contract (which nobody reads), it’s usually constructive and merely a formality. Two recent developments challenge the notion that contractual consent suffices in the context of data collection …” (more)

[Nancy Kim, ContractsProf Blog, 16 March]

First posted 2016-03-17 08:09:42

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