Online consent is process for allowing people to determine what personal data they are willing to share. It has become so important because of the legal requirement for websites / applications to obtain user consent before collecting data while using their services.
According to GDPR, consent is one of six lawful bases to process customer data (a) Consent – The consent of data subject to processing of his/her personal data. (b) Legitimate Interest – There should be a measurable and balanced legitimate interest where processing is needed and the interest is not overridden by others. (c) Public Interest – Public authorities and organisations in the scope pf public duties and interest. (d) Contractual Mandate – Processing is needed in order to enter or perform a contract. (e) Legal Obligation – The controller is obliged to process personal data for legal obligation. (f) Vital Interest – It is vital that specific data are processed or matters of life and death.
Changing Consent:
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Now a days engagements, divorces, and baby bumps are announced on social media. Many of us are going official on social networks declaring relationship statuses, expressing opinions, confessing mistakes, and announcing sexual identity like I am a gay, this is something that was uncommon a decade ago.
Unfortunately, we are living in a world where we are treasured by the number of likes for a piece of content posted online and we are giving consent online in the form of box-ticking exercise.
Consent for children:
Most parents allow their children to take ownership of the decisions they make online while our draft privacy bill classifies all people below the age of 18 are children and verification of the child’s age along with consent of parents is a must.
Some important consideration while discussing around consent for children are (a) Attempts to recognise children’s right to privacy (b) We need to define what is (i) interpersonal privacy – How data is created, accessed and multiplied. (ii) institutional privacy – How private, government, institutions gather our information and (iii) commercial privacy – How our personal data is processed for business purposes.
I agree that decisions and practices are influenced by our surrounding social environment., but we should be able to teach our children negotiate sharing of personal information in a networked environment and keep them informed the best practices. We need to teach them how to balance privacy and consent and this only comes from teaching them internet ethics and digital wellbeing.
Challenges of online consent:
- Long Terms of Service for different platforms are a headache – These Terms of Service often contain overly technical legalese portrayals, making them unreliable and easier to dismiss.
- Pre-Ticked Boxes / Default Consent, Without which the website doesn’t progress – The pre-ticked boxes can mean that you are agree to terms such as data sharing or marketing communications automatically.
- Privacy Trade / Lack of Control Over Data Sharing – So if the input of clicking “I agree” could see all your data shared through several different platforms, sold to third parties or used in ways you never dreamed.
How to better manage online consent:
- Be Informed Before You Agree – Focus on the major points I.e., what kind of data is being collected, how it’s going to be used, and whether there’s an option to change your consent later
- Update Your Consent Preferences – i.e., https://myactivity.google.com You can opt out in google not to keep the history of where you travel and what you watch on Youtube
- Use Privacy Tools – There are many privacy tools to help consent management, including browser extensions that block tracking cookies or apps which restrict your data online.
- Regularly Review Permissions – i.e., https://myaccount.google.com/security-checkup/ . Check these permissions from time to time and clock on access if needed, this lowers your data to be collected and available on here.
Negative side of consent:
- Micro Chipped: Register for school, Pay for things, Open security doors, Log in to devices and no need prove who you are
- Fitness: A device for everyone to wear that tracks your movements and how active you are.
- Social CV: No need to apply for university, jobs or apprenticeships ever again.
- Tailor Made Shopping: All your shopping habits and appearance data stored (height, weight, shape, tastes, skin colour etc)
- Caring Devices: Your devices talk to each other and let you do and make eat what you don’t want
Positive side of consent:
- Micro Chipped: Register for school, Pay for things, Open security doors, Log in to devices and no need prove who you are
- Fitness: The more active you are the cheaper your healthcare, health insurance is and gym membership is.
- Social CV: Your social media and the reviews people give when they meet you would be used instead.
- Tailor Made Shopping: Fitting rooms can then bring you clothes in your size, that will suit you in the styles you like
- Caring Devices: Your devices talk to each other and track how much you are using them and what you are doing to make sure you are living a healthy balanced lifestyle.
Conclusion:
Consent and privacy are the most important as organisations are collecting information from online users as this may lead to endless surveillance capabilities. It is important that we prioritise protecting the privacy and consent of all people, irrespective of where they reside and operate. Consent and privacy have to be recognised as a fundamental right and a comprehensive privacy policy having more focus on consent is the need of the hour.
