What is required for affirmative consent?

Affirmative consent requires that an individual actively communicates their agreement with the data controller regarding the processing of their personal data. This means the individual's consent must be explicit, informed, and voluntarily given, ensuring they understand what they are agreeing to.

The notion of active communication is critical here. It highlights that consent cannot be assumed or inferred from silence, inaction, or other indirect means. The individual must clearly indicate their agreement, which could be through various means such as signing a document, clicking a checkbox, or verbally confirming. This requirement reinforces the importance of respecting individuals' autonomy over their personal information and aligns with privacy regulations like PIPEDA in Canada, which emphasize informed consent as a fundamental principle.

This understanding distinguishes affirmative consent from other forms of consent that may not necessitate direct interaction or agreement, ensuring that individuals have a clear and deliberate role in the decision-making process about their data.