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In accordance with article 3.h) of the LOPD, the consent of the interested party is defined as any manifestation of will, free, unequivocal, specific and informed, through which the interested party consents to the processing of personal data that concerns him.
From Article 11.2 of the LOPD it is clear that an administration may transfer personal data to another with the prior consent of the interested party, unless a rule with the legal status authorizes the assignment (art 11.2.a), if they are public access data (art 11.2.b), or if it is a well-known and 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 interested party must be aware that he gives his consent
- Find out more: the interested party must know, at least, the identity of the controller and the purposes of the processing of their personal data.
- Free: the consent will not be considered free if the interested party does not enjoy true freedom of choice and does not have the possibility to deny or withdraw his consent without prejudice.
According to the REPD, separate consent must be given to the different data processing operations.
If the consent of the person concerned must be given in the context of a written statement which also relates to other matters, the requirement to give consent must be presented in such a way as to be clearly distinguishable from other matters, intelligibly and easily accessible and using clear and simple language.
The Data Controller must be able to demonstrate that consent has been obtained with respect to the processing operation.
The interested party will have the right to withdraw their consent at any time. Withdrawal of consent will not affect the lawfulness of the treatment based on consent prior to its withdrawal and should be as easy to withdraw as it is to give. Before giving it, however, the interested party must have been informed of the possibility of withdrawing it.
So, in general, the The consent of the interested party is presumed, unless stated in the procedure its express opposition or the applicable special law requires express consent, or exempts it from collection.