December 16, 2022
info:eu-repo/semantics/OpenAccess
Katia Bouslimani, « Consent in the General Regulation for Data Protection (GDPR) », HALSHS : archive ouverte en Sciences de l’Homme et de la Société, ID : 10670/1.7d9f7d...
Faced with the development of information and communication technology, the individual’s control of personal data has become a major issue in the European Union. The European Data Protection Regulation (GDPR) was thus adopted with a view to empowering the data subject, by reinforcing the reality of consent, assessed as the faithful translation of the manifestation of will. The evaluation of the consent mechanism shows the legislator's desire to remain faithful to the will of the data subject, by multiplying the guarantees applying to the request, supervision, and withdrawal of consent. However, if the GDPR consent is a legislative evolution providing the data subject with more control over his or her personal data, consent still has its limits. These limits call for a fundamental legal reflection in order to determine the situations where consent requires additional guarantees to be valid or additional clarifications to be correctly articulated with other legal provisions, and the situations where consent is to be prohibited because of the inability for the data subject to give a free and informed consent.