{
  "package" : "hl7.terminology@6.3.0",
  "definition" : "A consent directive compliant with the European Union General Data Protection Regulation (GDPR) definition: Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.\\r\\n\\r\\nWhere processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.\\r\\n\\r\\nIf the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language.  Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.\\r\\n\\r\\nThe data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.  Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.\\r\\n\\r\\nWhen assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.\\r\\n\\r\\nConsent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. \\r\\n\\r\\nThis could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of his or her personal data. \\r\\n\\r\\nSilence, pre-ticked boxes or inactivity should not therefore constitute consent. \\r\\n\\r\\nConsent should cover all processing activities carried out for the same purpose or purposes. \\r\\n\\r\\nWhen the processing has multiple purposes, consent should be given for all of them. \\r\\n\\r\\nIf the data subject’s consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.",
  "system" : "http://terminology.hl7.org/CodeSystem/v2-0717",
  "property" : [ {
    "_uri" : "http://terminology.hl7.org/CodeSystem/utg-concept-properties#v2-concComment",
    "code" : "v2-concComment",
    "valueString" : "Article 4.11 GDPR Definitions https://gdpr-info.eu/art-4-gdpr/\r\n 11) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.\r\nArticle 7 GDPR Conditions for consent https://gdpr-info.eu/art-7-gdpr\r\nRecital 32 Conditions for consent* https://gdpr-info.eu/recitals/no-32\r\nRecital 42 Burden of proof and requirements for consent* https://gdpr-info.eu/recitals/no-42/> \r\nRecital 43 Freely given consent* https://gdpr-info.eu/recitals/no-43\r\nGDPR Consent Brief https://gdpr-info.eu/issues/consent/ \r\nArt. 4 GDPR Definitions Art. 6 GDPR Lawfulness of processing Art. 7 GDPR Conditions for consent Art. 8 GDPR Conditions applicable to child's consent in relation to information society services Art. 9 GDPR Processing of special categories of personal data Art. 22 GDPR Automated individual decision-making, including profiling Art. 49 GDPR Derogations for specific situations \r\nRelevant GDPR Recitals:\r\n(32) Conditions for consent (33) Consent to certain areas of scientific research (38) Special protection of children's personal data (40) Lawfulness of data processing (42) Burden of proof and requirements for consent (43) Freely given consent (50) Further processing of personal data (51) Protecting sensitive personal data (54) Processing of sensitive data in public health sector (71) Profiling (111) Exceptions for certain cases of international transfers (155) Processing in the employment context (161) Consenting to the participation in clinical trials (171) Repeal of Directive 95/46/EC and transitional provisions"
  }, {
    "_uri" : "http://terminology.hl7.org/CodeSystem/utg-concept-properties#status",
    "code" : "status",
    "valueCode" : "N"
  } ],
  "codesystem" : "3457fc57-7383-547c-91b7-0c6bcb13c117",
  "concept_id" : "1495ff5f-76c2-5cc9-9104-3a9a7c61ec7f",
  "ancestors" : {
    "GDPRCD" : 0
  },
  "id" : "a71ed645-078c-4b38-967b-5cbf92b85a65",
  "code" : "GDPRCD",
  "display" : "GDPR Consent Directive",
  "version" : "2.0.0"
}