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No. The GDPR establishes that consent must consist of 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. Therefore, silence, pre-ticked boxes or inactivity (such as tacit consent) do not constitute valid consent under the GDPR.
Accordingly, data processing initiated before 25 May 2018 based on tacit consent had to comply, before that date, with the requirements of the GDPR. This could be done by obtaining new consent fulfilling the requirements established by the GDPR or through any other of the legal bases established by the GDPR.
Before initiating processing in relation to a specific purpose, it is necessary to have a legal basis. If the controller chooses the basis of consent, they must be prepared to cease treatment if the data subject revokes their consent. The processing may continue to be carried out on another legal basis, if the data subjects are informed and the regulatory requirements are met.
Minors are a category of specially protected data subjects or vulnerable persons, because they may be less aware of the risks and also because they are in a stage of life in which inadequate processing of information could end up conditioning the development of their personality. This means that any processing of their data must be carried out with special diligence, always paying attention to the particular circumstances and context of each processing.
A minor over the age of 14 may give consent, unless there is a law that requires the presence of the persons who hold parental responsibility or guardians in that particular situation.
The regulations governing patient autonomy, applicable to research with clinical record data, state that when a child is intellectually or emotionally able to understand the impact of the intervention on their own health, and especially when they are an emancipated minor or over 16 years of age, they must give informed consent themselves.
In the case of biomedical research, minors over the age of 14 cannot give consent. Instead, consent should be given by the holders of parental authority or by their guardians.
No. Consent must be given explicitly for each of the purposes that the health centre wants to achieve. Therefore, consent given to participate in a clinical study only covers this purpose.