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Question 26

In which situation is a company operating under the assumption of implied consent?

    Correct Answer: B

    Implied consent occurs when consent is not explicitly given by an individual, but rather inferred from their actions, the facts, and circumstances of a particular situation. An online retailer subscribing new customers to an e-mail list by default fits this definition because it assumes that customers agree to receive emails unless they opt out. This is inferred rather than explicitly stated consent. In contrast, contacting professional references provided by an applicant or using information on a rental application to run a credit report generally involves a level of explicit consent given through the action of submitting those details for those specific purposes.

Discussion
BoatsOption: A

Agreed but A is the better answer.

examdj101jOption: B

I think there should be more discussion into whether B maybe the correct choice, my book CIPP/US (Sybex Version) doesn't really cover implied consent, but by definition, B - looks to be more of the right answer. I have never seen a situation where an employer called references without your verbal/written consent even though the references are listed. Online applications may enlist your specific consent to send reference emails to your references upon the submitting of your application (Teacher Applications most known for this).

BhimeshOption: A

Should be A - an organization has been given implied authority by an applicant...

StevenciuOption: C

I think it's C. Contacting references provided by an applicant is generally considered as having explicit consent rather than implied, because the act of listing references on a resume or application is a direct indication that the applicant expects and authorizes the employer to contact those references.

Supp2023

Both A and B are right in this instance.

PrivacyICU

B is not correct because the error of the retailer does not justify anything.