Principles of Consent in Personal Information

Consentement Published at October 30, 2023


Protecting personal information is a more pressing issue than ever. The laws concerning personal data protection are constantly evolving to ensure the security and confidentiality of citizens' information. Consent plays a central role in these laws, allowing individuals to control the use of their personal data.

As a representative of a public agency or a business, it is essential to understand the principles of consent to ensure compliance. In this article, we will explore the 10 principles of consent in personal information to help you navigate this ever-changing landscape.

General Principles of Consent for Personal Information

Personal information is an essential component of individuals' privacy. Consent is the cornerstone on which the protection of this sensitive data rests.

Obtaining Consent

Obtaining consent is the crucial first step in using, disclosing, or, in rarer cases, collecting personal information. While some exceptions exist, it is generally preferable to prioritize obtaining consent. These exceptions should be narrowly interpreted to preserve data confidentiality.

Strong Argument: Prior consent ensures that individuals are informed and in agreement with the use of their data, strengthening public trust and privacy protection.

Consent and Necessity Criterion

The necessity criterion is a fundamental principle that requires a thorough assessment before seeking valid consent. The collection, use, or disclosure of personal information must be necessary, legitimate, significant, and proportionate to the objectives pursued.

Strong Argument: By applying the necessity criterion, public agencies and businesses avoid excessive data collection, thereby enhancing individuals' privacy protection.

Validity Criteria for Consent

For consent to be valid, it must meet several essential criteria. These criteria ensure that consent is given in an informed and free manner.

Explicit, Free, Informed, Specific, Temporary

Consent must be explicit, free, informed, specific, and temporary. This means it must be given clearly, without constraints, with all necessary information, for specific purposes, and only for the required duration.

Strong Argument: These criteria ensure that consent is an informed and voluntary decision, reinforcing data confidentiality.

Since September 22, 2023: Granular, Understandable, Distinct

Since September 2023, valid consent must also be granular (requested for each specific purpose), understandable (expressed in plain terms), and distinct (separate from any other information when requested in writing).

Strong Argument: These new requirements further enhance transparency and understanding of consent, which is crucial for privacy protection.

Sensitive Personal Information

Since September 2023, the law specifies specific rules for sensitive personal information, such as medical or biometric data. Explicit consent is required for this data, confirming the individual's genuine intent.

Strong Argument: Explicit consent is crucial for sensitive data, ensuring that individuals fully understand the use of their medical or biometric data.

Collection, Transparency, and Presumed Consent

The new transparency obligations, effective since September 2023, may influence the requirement to obtain consent.

Strong Argument: Transparency enhances public trust in data protection, which is essential for public agencies and businesses.

Consent for Minors

New rules for consent by minors have been in effect since September 2023. These rules vary depending on the minor's age, ensuring increased protection for younger individuals.

Strong Argument: The new rules protect the privacy of minors while allowing them to make informed decisions from the age of 14.

Exceptions to Consent

Applicable laws provide for certain exceptions to consent for public agencies and businesses. It is essential to understand these exceptions to ensure compliance.

Strong Argument: Exceptions allow for the effective handling of specific situations without compromising privacy protection.

In Summary

Consent in personal information is at the heart of privacy protection. The principles of consent provide a robust framework to ensure individuals have control over the use of their data. Representatives of public agencies and businesses must remain vigilant and adapt to the ever-changing data protection legislation to guarantee the confidentiality and security of personal information. By adhering to these principles, you strengthen public trust and demonstrate your commitment to protecting the privacy of everyone.