Consent to personal data processing – The Panacea or The dead end?

Jakub Míšek

Abstract

The paper deals with the question of proper use of consent to personal data processing on the Internet. Legal requirements of such consent are discussed in the first part of the paper, when Directive 95/46/EC, Directive 2002/58/EC as well as their Czech implementation, Act No. 101/2000 Coll., on the Protection of Personal Data and Act No. 127/2005 Coll., on the electronic communications are examined. The second part of the paper questions capability of data subjects to make an informed consent and adequacy of this legal institute. The second part also points out a common problem of its wrong use which is a practice of data controllers, who try to legitimise data processing by consent even in situations, when it is not a proper way of doing so. Finally, a possible solution to the presented problem is discussed.

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