Consent imbalance
The structural condition recognised by EU data-protection authorities and courts under which formal consent to biometric collection is not freely given because the data subject has no realistic alternative (e.g. government welfare, employment). The consequence is that consent cannot serve as the lawful basis for such collection, and a proportionality-based public-interest ground must be used instead.
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Related terms
DPDP Act s.17(2) exemptionsInformational privacyProportionality test (Puttaswamy)Protection of Freedoms Act 2012 (UK)Puttaswamy 2017R (Bridges) v. Chief Constable of South Wales Police (2020)S and Marper v. UK (2008)Section 57 (Aadhaar Act, struck down)UIDAI (Unique Identification Authority of India)