Which of the following is Sam most likely to point out as the biggest problem with Emily’s consent provision?

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Consent

By completing this registration form, you attest that you are at least 16 years of age, and that you consent to the processing of your personal data by Vigotron for the purpose of using the M-Health app. Although you are entitled to opt out of any advertising or marketing, you agree that Vigotron may contact you or provide you with any required notices, agreements, or other information concerning the services by email or other electronic means. You also agree that the Company may send automated emails with alerts regarding any problems with the M-Health app that may affect your well being.

Emily sends the draft to Sam for review.

Which of the following is Sam most likely to point out as the biggest problem with Emily’s consent provision?
A . It is not legal to include fields requiring information regarding health status without consent.
B . Processing health data requires explicit consent, but the form does not ask for explicit consent.
C . Direct marketing requires explicit consent, whereas the registration form only provides for a right to object
D . The provision of the fitness app should be made conditional on the consent to the data processing for direct marketing.

View Answer

Answer: C