An idea of inclusive and representative consent framework: bringing data subjects to data protection discourse

Naithani, Paarth and Gupta, Indranath (2025) An idea of inclusive and representative consent framework: bringing data subjects to data protection discourse. International Data Privacy Law, 15 (1). pp. 32-47. ISSN 2044-4001

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Abstract

Consent is the necessary catalyst that provides validity, reliability, and authenticity to a transaction and to the processing of personal data. Informed consent, which is consent at an advanced stage, prevents activities and incidents from having unexcepted and unanticipated privacy consequences for the consent giver. It is the giver’s understanding (‘intelligibility') of a particular data transaction that becomes critical. Otherwise, consent would be rendered meaningless sans the understanding. It becomes otherwise a merely transactional exercise, where an independent mind is absent and where an individual's exercise of free will is questionable. This article is an effort to bring back the element of understanding in consent. Specifically, it will capture the criticality of decision-making processes that different data subjects undergo in the background of popular privacy behavior theories and, in turn, propose how consent (including in the context of cookies) should be designed considering the multiplicity of several factors.

Item Type: Article
Keywords: Data Protection | Informed consent | Data Subject | privacy decision-making
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Admin Library
Date Deposited: 21 Aug 2025 09:17
Last Modified: 21 Aug 2025 11:18
Official URL: https://doi.org/10.1093/idpl/ipaf003
URI: https://pure.jgu.edu.in/id/eprint/10015

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