Consent is a basic concept in both the legal and ethical fields, it is the concept of voluntary and intentional agreement with what is being done or proposed by another. The technology is vital to many industries, from law and healthcare to data privacy and human connections, just to name a few. Consent is that grey area.Gaining a deeper understanding of these complexities of consent will help to ensure we are interacting and purchasing in an ethical and legal manner.
Definition of Consent
By consent is meant the free and voluntary yielding of that which is covered by agreement to bind or sanction. It is the agreement of two or more persons upon a thing in which both parties have interest (I interest in the same thing with one man is valuable consideration) Offer and acceptance Meeting of the minds or mutual assent. In the eyes of the law, consent needs to come from someone who can give it — in other words, someone who is of sound mind, and legal age.
Purpose of Consent
The goal of consent is to save the individuals control and independence over his or her rights. It’s about maintaining control over peoples’ personal data, bodies and choices. In the case of data privacy, for example, consent provides the right for individuals to make choices about how their personal data is captured and also how it is maintained and shared. In medicine, consent is also vital for the sake of patient autonomy, as a patient has a right to make decisions about their health care.
How Consent Works
Consent does not work when it isn’t informed. Consent, to be legally valid, must satisfy numerous requirements:
- Informed: The person should be aware of what they are doing. This includes the meaning and the implications of the action or decision.
- Voluntary: Consent must be provided without any kind of constraint, coertion, or duress.
- Specific: It is not enough that the participant has consented generally, the participant must consent to a specific action or decision. Blanket consent is also generally not enforceable.
- Revocable: It must be possible for a person to retract consent at any time.
Best Practices for Obtaining Consent
In order to obtain valid and ethical consent best practices should be followed:
- Good Communication: Be clear and easy to understand about what you are agreeing to. Stay clear of jargon and terminology, which may tend to intimidate the person.
- Document: Document consent given, date and time of consent, and mode of district solicitation of consent. This is particularly relevent in a field like law and medicine.
- Ongoing Updates: Where the terms of consent change, or new information becomes available, bring the person up to date and seek their consent again.
- Withdrawal with Respect: Keep the lines of communication open (and be certain to remind your partner that they can let you know at any time).
FAQs
Implied consent is assumed through actions or circumstances, while explicit consent is clearly and directly communicated, often in writing or verbally.
Generally, minors cannot give legal consent. However, there are exceptions, such as emancipated minors or specific medical decisions, depending on jurisdiction.
Failure to obtain consent can lead to legal consequences, including charges of assault, invasion of privacy, or breach of contract, depending on the context.
While consent is crucial in many situations, there are exceptions, such as emergencies where obtaining consent is impractical or impossible.
Related Terms
- Informed Consent
- Data Privacy
- Autonomy
- Capacity