INTRODUCTION
Consent is the necessary catalyst that provides validity, reliability, and authenticity to a transaction and to the processing of personal data. Informed consent, which is consent at an advanced stage, prevents activities and incidents from having unexcepted and unanticipated privacy consequences for the consent giver. It is the giver’s understanding (‘intelligibility’) of a particular data transaction that becomes critical. Otherwise, consent would be rendered meaningless sans the understanding. It becomes otherwise a merely transactional exercise, where an independent mind is absent and where an individual’s exercise of free will is questionable. This article is an effort to bring back the element of understanding in consent. Specifically, it will capture the criticality of decision-making processes that different data subjects undergo in the background of popular privacy behavior theories and, in turn, propose how consent (including in the context of cookies) should be designed considering the multiplicity of several factors …
€
Paarth Naithani and Indranath Gupta, An idea of inclusive and representative consent framework: bringing data subjects to data protection discourse, International Data Privacy Law. Published: 4 June 2025.
Leave a Reply