However, you must be confident that you can demonstrate consent is still freely given. If you need to process special category data to provide a service to the individual, explicit consent may be available as your condition for processing that data even if it is a condition of service. You need to be particularly careful if you ask for consent as a condition of your services, or if you are in a position of power over the individual, for example, if you are a public authority or their employer. If so, you need to make sure that you offer people genuine choice over whether and how you use their data. it should be separate from any other consents you are seeking.Įxplicit consent is the only condition that can apply to a wide range of circumstances, and in some cases may be your only option.it must specify the nature of the special category data and.explicit consent must be confirmed in a clear statement (whether oral or written), rather than by any other type of affirmative action.In practice, the extra requirements for consent to be ‘explicit’ are likely to be: In particular, it must be freely given, specific, affirmative (opt-in) and unambiguous, and able to be withdrawn at any time. ‘Explicit consent’ is not defined in the UK GDPR, but must meet the usual UK GDPR standard for consent.

“the data subject has given explicit consent to the processing of those personal data for one or more specified purposes”.

(g) Substantial public interest conditionsĪrticle 9(2)(a) permits you to process special category if:.

(b) Employment, social security and social protection law.

Extra judicial consent