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consent as a notion used by activist and legislators
framework: law, individual properties -> limited framework
how this became interesting to martino:
busy with wirelesstracking
how telephones aere tracked by commerces
entries of shoping centra carry consent mentions; (by entering you agree that)
shopping spaces in the city following the signals of people
when you enter the space it says that you are giving consent for your data to be recorded
General Data Protection Regulation
Data Protection Officer: role that companies need to have to assure that the data that the company has is secure
data bridge vs breach
common encounter with GDPR: pop up warningngs when site uses tracker, data collection ,....
This discussion could contaminate the notion of consent as it is defined in the gdpr
define a set of notions of what consent is from the room instead of starting from the legal definitions
how do you define consent?
The 2 sides of consent:
ideal situation: to give permission (assumes or implies agency/control/empowerment)
IRL: consent is always context dependent, conflicts with the ideal understanding, relies on things one has no real control over (interface, peer pressure, architecture, anxiety, privileges, class, legal frameworks, algorithmic by-products, etc)
makes it hard/impossible to claim consent as a right (hence situations of forced consent, for instance in the case of GPDR , but could be stretched to the question if there is such a thing as a pristine constent without being forced/pressured)
Need for continued consent
5 minutes to think about it then we do a round
something that fluctuates / change over time
being informed and being able to leave anytime
possibility to escape
leave space for determining terms of agreement
not having space / time to determine agreement ..
function creep. one structure made for one function extend to other.. agreement to one type of usage extend to some else..
Giving time to process and make an informed 'consent'
Eroca Nicols — Aggressive Snuggling: From the Politics of Touch to the Poetics of Touch
data set of pictures of detainees, some of which deceased, used for training image networks.
National Institute of Standards and Technology dataset of deceased detainees
Mark Brogan: The Typical Reject - Coprations Ethics and viloence in art
The Typical Reject is a CCTV film of the recruitment process in an out-sourced market research operation in the Balkans
what power dynamics allow consent
what are we consenting to
the TIME needed to challenge mechanisms
Consent of our data bodies:
— "PAGE 24 - The origin of the word consent comes from latin and means “con” (together) + “sentire” (feel), therefore, by itself, ideally, it expresses a mutual feeling."
we are facing many questions for explicit consent; it doesn't leave space for other types of consent
can't be presumed
ask me again
do you trust this
I agree I agree I agree
- co -written text
Not Found on &
HOT BODIES-CHOIR Brussels 2019
not something that is spelled out in writing, but it comes from being together in a certain space
association: all members are interested in being together for a specific reason; there is an implicit structure that makes it possible to agree that you disagree on other things
associations are interesting structures for this reason
you don't need consent on all levels.
if you gather with a lot of people and you are not an organization, you are considered as such.
/ Association de fait
if you are in a group you can be perceived as an association even if you are not
: its members can be hold responsible for the actions of the group as such.
Agreement 'implied in fact' is:
"founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding."
how can we agree on disagreeing?
consent has two sides..
...understood and presented as an ideal situation
considers agency, control and empowerment
tension between dictionary definition and external factors,
impossible to claim consent as a right.
in GDPR there was a term called Forced Consent
google got fined for forced consent ( for some million peanuts)
consent can be decoupled from the idea of being pressured?
it's often after something happens that you see that something has happened
it's not only about online spaces
tango, means facing non-consent and violent situations by default.
a protocol in tango of just deciding if to dance based on look..
feminist movement of tango
n argentina, they have publisehd
tool in g$$gl# docs
coming from another culture
that is used to touching,
how to not touch the other?
to create strategies to keep a disctance
strategies to not address too much
it has to be created
it is not innocent, it has to be created, so it involves mircopolitics
what er you allowed to do in order to follow what you need ...
possibility of inversing roles
consent is cntextual - peforming consent in relationship to that moment.
in relation to territory
takes seriously no and yes, respect a decision, not innocent
excercise of re-actualisation
refresh whether someone consents
gives the space that is needed and clarifies the action that is done
shared responsibility to create a context of action, not only individual
Erin Manning: negotiating influence argentine tango and a politics of touch
erin manning writes about when the bodies don't know together what's going to happen and how precious this moment is
notation system for tango, where following rules was fluid, sensibility to respond and switch roles.
School of "Los Dinzel"
now it is a Method, that can be followed all over the world - a bit confused by that
original intent was to create more fluid roles
exercise of multiple bodies dancing together: you almost form a single body which is then fragmented into harmonic clusters
one should not presume that just because someone is a dancer is fine with touch.
temporality around consent
in interpersonal relationships,
consent to be an enthusiastic yes, explicitly said
not totally enthusiastic when terms of agreement...
there must be a clear definition also of what someone means when they consent to one thing
there is no space of trying to define another way of giving consent
giving consent is considered
an interruption which disrupts many processes online;
possibility limited to yes or no..
there is no possibility for a 'but...'
micro-level and macro-level
consent to society???
funded by Proton Technologies AG. All Rights Reserved :O :O :O !!!
1. Consent 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.
2. This 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.
3. Silence, pre-ticked boxes or inactivity should not therefore constitute consent.
4. Consent should cover all processing activities carried out for the same purpose or purposes.
5. When the processing has multiple purposes, consent should be given for all of them.
6. If 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.
on italian newspaper websites there is a small line that says scrolling is interpreted as consent
Right to Erasure Request Form (Template)
Lost in the forest of data protection
self certified data protection officers
copyright laws in interraction GDPR
Dealing with an insitutions and interpretatios of GDR ( wiki - editing consent needed at everystage, not keep archives of students work)
gdpr implementation becomes an excuse to implement other agendas.
how many consents have been discussed
in the session?
text from emails shared with other participants
- was not asked for consent
discussion on mailing lists to implement software to deal with the
Right to removal of data from Free Sofware ( admins
to remove the PID ( personal identifier )
gdpr generated a nightmare for smaller institutions because it doesn't take into consideration
smaller companies/institutions outsource their services to companies that can take on the work of dealing with GDPR, eg. Google or ProtonMail
Gendersec workshops and trainings:
Under the GDPR, the Controller must have a legitimate legal basis for processing personal data.
In Article 6(1), the GDPR lists six possible principles for the processing of personal data:
The person concerned consents to the processing for specific purposes.
The processing is necessary for the performance of a contract with the data subject.
The processing is necessary for the fulfilment of a
incumbent on the Controller.
The processing is necessary to protect the
of the data subject in life-threatening situations.
The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
The processing is necessary for the legitimate interest of the organisation or of the third party to whom the data are disclosed.
data of dead people?
Posthumous Consent ?
Data Corruption Officer
Data Contamination Officer
Data Perception Officer
descritpion of the process of creating guidilines for collaboration in constant with links and sources
Leave your remarks and questions on the guidelines for collaboration that constant has put in place here: