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"The data subject is not given an unambiguous consent to the processing of personal data by applications (no opt-in).
"When assessing whether consent is freely given, utmost account shall be taken of whether… the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract".
As the Regulation confirms the normative position that the data subject can consent to the processing of their genetic data it also implicitly suggests that the controller must be able to communicate the relevant information about genetic science.
Fidzup's approach to consent had also only been asking users to consent to the processing of their geolocation data for the specific app they had downloaded — not for the targeted ad purposes with retail partners which is the substance of the firm's business.
Participants gave their consent to the processing of their personal data.
Through this combination of purposes and the lack of transparency Microsoft cannot obtain a legal ground, such as consent, for the processing of data," it further writes.
All participants received information about the purpose and objectives of the study and gave written informed consent to the proposed processing of the data.
However, this Article only becomes relevant when data are processed on the basis of 9(2)(i) – processing of sensitive data for scientific purposes – not when the processing of data is legitimated under 9(2)(a) (consent).
The publishers also say Google wants them to obtain valid legal consent from users to the processing of their data on its behalf — yet isn't providing them with information about its intended uses of people's data, which they would need to know in order to obtain valid consent under GDPR.
Whilst the above observation does not necessarily support or reject open consent, it opens the door to consideration of alternative approaches to conceiving consent in relation to the processing of genetic data.
The patient gave informed consent for the processing of his data.
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