Exam CIPT topic 1 question 222 discussion

This is an example of explicit consent. Explanation: By clicking the box to accept cookies, the user actively demonstrates a clear, affirmative action indicating their agreement to the use of cookies. This type of consent is typically referred to as explicit consent or opt-in consent, as the user has taken a specific action to agree to the terms. Related Concepts: Implicit consent: Implied through actions rather than explicit acknowledgment (e.g., continuing to use a website without interacting with the cookie banner, which is increasingly non-compliant under many regulations like GDPR). Informed consent: Ensures the user has been provided sufficient information about what they are agreeing to, often through a privacy notice or similar documentation. In this case, the privacy notice and the user’s action to click "accept cookies" fulfill the requirements of explicit consent under laws such as GDPR or CCPA, depending on jurisdiction.

The correct answer is B. Implicit. In this scenario, the user's action of continuing to navigate and scroll through the page after clicking to accept cookies can be considered implicit consent. Implicit consent occurs when a user's actions indicate agreement with a privacy policy or data processing activity, even if they do not explicitly express it. This is different from explicit consent, which would involve a clear, affirmative action specifically indicating agreement.

Implicit consent occurs when a user's actions or behaviors imply agreement with terms or conditions, rather than explicitly stating agreement. In this case, by clicking the box to accept cookies and continuing to scroll the page, the user is implying consent to the website's privacy notice and the use of cookies. This type of consent is often used for less intrusive actions or when it's impractical to obtain explicit consent for every interaction. Explicit consent (option A) typically requires users to actively and clearly agree to specific terms or actions, often by checking a box or clicking a button that clearly states their consent. Specific consent (option C) refers to consent given for a specific purpose or use of data, which may or may not be relevant in this scenario depending on the details of the privacy notice. Valid (option D) doesn't directly relate to the type of consent but rather indicates that the consent obtained is legally recognized and meets applicable requirements.