A company is operating under the assumption of implied consent in the situation where B. An online retailer subscribes new customers to an e-mail list by default. Implied consent generally occurs when a person's actions or circumstances suggest that they agree to a certain use of their information, such as subscribing them to an email list without explicit consent.
Option A, where an employer contacts the professional references provided on an applicant’s resume, is typically considered a situation where explicit consent is implied. The applicant generally provides references with the understanding that the employer will contact them to verify information or gain insights about their qualifications. This expectation is part of the application process and is often seen as part of the implied agreement when a candidate submits their references.
In contrast, option B involves a situation where the retailer assumes consent by default without the customer's explicit action to agree, which aligns more closely with the concept of implied consent in data handling practices.
I think there should be more discussion into whether B maybe the correct choice, my book CIPP/US (Sybex Version) doesn't really cover implied consent, but by definition, B - looks to be more of the right answer. I have never seen a situation where an employer called references without your verbal/written consent even though the references are listed. Online applications may enlist your specific consent to send reference emails to your references upon the submitting of your application (Teacher Applications most known for this).
I think it's C. Contacting references provided by an applicant is generally considered as having explicit consent rather than implied, because the act of listing references on a resume or application is a direct indication that the applicant expects and authorizes the employer to contact those references.
B is not correct because the error of the retailer does not justify anything.
upvoted 2 times
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