On the 24th June 2015, the president of the CNIL ordered that dating sites must obtain
the express consent of individuals when collecting sensitive data like «sex, religious opinions or ethnic origins.»
Not exact matches
The British Medical Association advocated for a «soft» system
of «presumed
consent» and under the proposed legislation, deceased
individuals will be presumed to have
consented to donating their organs on their death, unless they have
expressed an objection during their lifetime.
Generally, any disclosure
of identifiable data reflecting substance use treatment without
express written
consent from the
individual is prohibited.
As CCLA and others have argued, the legislation risks continued breaches
of Charter rights by restricting access to medically assisted dying to those for whom death is «reasonably foreseeable», by excluding mature minors, and by not permitting
individuals to provide advance
consent or directives to cover circumstances when they may not be able to
express their wishes themselves.
Similarly, we recognize that a covered entity may wish to rely upon a
consent, authorization, or other
express legal permission obtained from an
individual prior to the applicable compliance date
of this regulation that specifically permits the covered entity to use or disclose individually identifiable health information for activities other than to carry out treatment, payment, or health care operations.
It is preferable to have explicit «proof»
of the
express consent — such as «checking» a box on a website (a «pre-checked» box, requiring an
individual to «opt - out»
of receiving messages, is not accepted for the purposes
of the Act), clicking a link on an email, providing an email address on a website or via written correspondence.
These
consents, authorizations, or other
express legal permissions may specifically permit a use or disclosure
of individually identifiable health information for purposes
of the project or be a general
consent of the
individual to participate in the project.
Notwithstanding other sections
of this subpart, the following provisions apply to use or disclosure by a covered entity
of protected health information pursuant to a
consent, authorization, or other
express legal permission obtained from an
individual permitting the use or disclosure
of protected health information, if the
consent, authorization, or other
express legal permission was obtained from an
individual before the applicable compliance date
of this subpart and does not comply with § § 164.506 or 164.508
of this subpart.
We realize that a covered entity may wish to rely upon a
consent, authorization, or other
express legal permission obtained from an
individual prior to the compliance date
of this regulation which permits the use or disclosure
of individually identifiable health information for activities that come within treatment, payment, or health care operations (as defined in § 164.501), but that do not meet the requirements for
consents set forth in § 164.506.
(4) If, after the applicable compliance date
of this subpart, a covered entity agrees to a restriction requested by an
individual under § 164.522 (a), a subsequent use or disclosure
of Start Printed Page 82829protected health information that is subject to the restriction based on a
consent, authorization, or other
express legal permission obtained from an
individual as given effect by paragraph (b)
of this section, must comply with such restriction.
If a covered entity obtained a
consent, authorization, or other
express legal permission from the
individual who is the subject
of the research, it would be able to rely upon that
consent, authorization, or permission, consistent with any limitations it
expressed, to use or disclose the protected health information it created or received prior to or after the compliance date
of this regulation.
(2) If the
consent, authorization, or other
express legal permission obtained from an
individual specifically permits a use or disclosure for a purpose other than to carry out treatment, payment, or health care operations, the covered entity may, with respect to protected health information that it created or received before the applicable compliance date
of this subpart and to which the
consent, authorization, or other
express legal permission obtained from an
individual applies, make such use or disclosure, provided that:
Comment: An agency that provides care to
individuals with mental retardation and developmental disabilities
expressed concern that many
of their consumers lack capacity to
consent to the release
of their records and may not have a surrogate readily available to provide
consent on their behalf.
(1) If the
consent, authorization, or other
express legal permission obtained from an
individual permits a use or disclosure for purposes
of carrying out treatment, payment, or health care operations, the covered entity may, with respect to protected health information that it created or received before the applicable compliance date
of this subpart and to which the
consent, authorization, or other
express legal permission obtained from an
individual applies, use or disclose such information for purposes
of carrying out treatment, payment, or health care operations, provided that:
(ii) If the
consent, authorization, or other
express legal permission obtained from an
individual is a general
consent to participate in the project, and a covered entity is conducting or participating in the research, such covered entity may, with respect to protected health information that it created or received as part
of the project before or after the applicable compliance date
of this subpart, make a use or disclosure for purposes
of that project, provided that the covered entity complies with all limitations placed by the
consent, authorization, or other
express legal permission obtained from an
individual.
Referred to as one
of the strictest anti-spam legislations worldwide, CASL prevents
individuals and companies from sending commercial electronic messages without implied or
express consent.