UK Data Protection Consent: State Of Mind Is Irrelevant—does This Change Practice?

The UK Information Commissioner's Office updated its guidance on valid consent for processing personal data following the Court of Appeal's decision that consent validity is judged objectively, not by the individual's state of mind, even if vulnerable. The guidance clarifies that while consent can be valid despite vulnerabilities, processing may still be unfair if the controller knows the individual is vulnerable, impacting lawful data use.

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