The most important facts about consent to data processing in brief
- Personal data may not be collected, processed or evaluated without the knowledge and consent of the data subject.
- Consent must usually be in writing, but this may be waived for online forms.
- An objection to processing or a request for data erasure must be heard and heeded.
How is the collection of personal data regulated?
Data retention consent law gives users control over their data.
The laws regulating Data collection, processing and use prescribe when and how it is permissible to collect data from individuals. Since each federal state drafts its own data protection laws, the Federal Data Protection Act (BDSG) only sets the framework within which the Country legislation acts.
How the consent for data storage has to look like, is determined by the law. Deviating from this, the prohibition is also void if an authority such as the Police collects the data because they are authorized to do so by a legal provision. Existing laws could also Data collection without consent enable. In this way, state bodies such as law enforcement agencies remain able to act to.
Special circumstances may also justify why a data subject should consent to collection not in writing must confirm. Thus, a written agreement could have a certain Research purpose interfere with. This does not remove the obligation to obtain consent for data storage. Only the written form can then be waived. Further below you will find a sample for the consent to the processing of personal data.
Rules when collecting special data
Will special personal data is collected, this must be specifically communicated to the data subject. This data is information about:
- Racial or ethnic origin
- Political opinion
- Religious or philosophical beliefs
- Union membership
- Health status
- sexual life
Since from such data a serious disadvantage for the data subject If such a situation can arise, it is essential that the data collected is adequately protected secure or return in time to delete.
Requirements for consent to data processing
Consent to data storage is rarely used only once. In the basic data protection regulation (DSGVO) the Conditions mentioned, which a consent to data retention must fulfill in order to be effective. Thus, it is indispensable to obtain consent to the processing of personal data on the free decision of the data subject based. This can only happen if the Purpose of collection clear.
Furthermore, the data subject must be informed of the body that will responsible Is and can be contacted if you have any questions. Consent to data storage can only be given if the data subject is aware of the purpose of the collection and Potential third party recipients of the data clearly and unmistakably conveyed.
Even after consent to data storage, the data subject has rights that must be respected. This is how it is possible to revoke a granted consent to revoke at any time and request that the stored data be deleted. Such a request must be complied with immediately. The persons concerned also have the right at any time to Information about the data stored about your person to get, if they require this.
Declaration of consent according to data protection: Sample for download
Here you can download the declaration of consent required by data protection as a sample and modify it according to the requirements in individual cases: