In accordance with article 3.h) of the LOPD, the consent of the interesconsent is defined as any manifestation of will, free, unequivocal, specific and informed, by which the interesI consent to the processing of personal data that concerns me.
Article 11.2 of the LOPD states that an administration may transfer personal data to another with the prior consent of the interested party.eresunless a rule with the rank of law authorizes the transfer (art. 11.2.a), if it is publicly accessible data (art. 11.2.b), or if it is a consented and known legal relationship (art. 11.2.c)
In accordance with article 28.2 and 28.3 of Law 39/2015, of October 1, of common administrative procedure of public administrations, the authorization to consult or obtain the corresponding data is presumed, unless that express in the proceedings its express opposition or applicable special law requires express consent.
In addition, in accordance with the administrative simplification measures regulated in Chapter III of Law 26/2010, of August 3, on the legal and procedural regime of public administrations in Catalonia, the presentation of the "Responsible Declaration" in the framework of an administrative procedure and the "Prior communication" to the exercise of a right or the beginning of an activity, empowers the corresponding public administration to verify the conformity of the data contained therein. This end is also regulated in article 69.3 of Law 39/2015.
On the other hand, it should be borne in mind that in May 2018 the Regulation of the European Union 2016/679, of the Parliament and of the Council, of April 27, 2016, concerning the protection of natural persons in reference to the treatment of personal data and the free movement of such data (REPD), to which, consent must be:
- Unmistakable: the interessat must be aware that he is giving his consent
- Find out more: the interessat must know, at least, the identity of the data controller and the purposes of the processing of their personal data.
- Free: consent will not be considered free if the intentioneressat does not enjoy true freedom of choice and does not have the possibility of denying or withdrawing their consent without any prejudice.
According to the REPD, separate consent must be given to the different data processing operations.
If the consent of the interesIf consent is to be given in the context of a written statement that also refers to other matters, the requirement to give consent must be presented in such a way that it is clearly distinguishable from the other matters, in an intelligible and easily accessible form and using clear and plain language.
The Data Controller must be able to demonstrate that consent has been obtained with respect to the processing operation.
The interessat will have the right to withdraw their consent at any time. The withdrawal of consent will not affect the lawfulness of the processing based on consent before its withdrawal and it must be as easy to withdraw it as to give it. Before giving it, however, the interessat must have been informed of the possibility of withdrawing it.
So, in general, the consent of the interessat is presumed, unless stated in the procedure its express opposition or the applicable special law requires express consent, or exempts it from collection.
