Legal Definitions - knowing consent

Knowing consent refers to a situation where an individual gives permission for something after being fully informed and understanding the nature, implications, and potential consequences of their decision. It means the person has received and comprehended all relevant information necessary to make a voluntary and intelligent choice, rather than simply agreeing without full awareness.

Here are some examples illustrating knowing consent:

• Medical Treatment: Before undergoing a complex medical procedure, a patient is provided with detailed information by their doctor. This includes an explanation of the procedure itself, potential risks and benefits, alternative treatments, and the expected recovery process. The patient asks questions, receives clear answers, and then signs a consent form, indicating they understand and agree to proceed. This demonstrates knowing consent because the patient was fully informed about all critical aspects of the treatment and its potential outcomes before making their decision.

• Financial Agreement: A small business owner is considering taking out a loan. The bank provides them with a comprehensive loan agreement detailing the interest rate, repayment schedule, any penalties for late payments, collateral requirements, and the total cost over the loan's term. The business owner reviews the document, discusses specific clauses with a bank representative, and then signs the agreement. This is knowing consent because the owner understood the financial obligations, risks, and terms associated with the loan before committing to it.

• Website Privacy Policy: When signing up for a new online service, a user is presented with a link to the company's privacy policy, which clearly outlines what personal data will be collected, how it will be used, whether it will be shared with third parties, and how the user can manage their data preferences. The user clicks a box stating, "I have read and agree to the privacy policy." For this to be knowing consent, the user must have genuinely accessed and understood the key aspects of the policy, rather than just blindly clicking the box. The company's clear presentation of the information facilitates the user's ability to give knowing consent regarding their data.