22 Legal Mistakes You Don't Have to Make: A Guide for Start-ups, Small Businesses, & Tech Entrepreneurs by Sue Wang

Author:Sue Wang [Wang, Sue]
Language: eng
Format: mobi
Publisher: Papervine Press
Published: 2012-10-10T00:00:00+00:00

Yes. The doctrine of informed consent grew out of medical cases. Until more comprehensive privacy legislation is enacted, the courts have decided that informed consent is also the best way to think about privacy.

Basically, if a doctor removes your gallbladder without asking you first, we would call that “assault.” The idea of informed consent arose after some patients claimed that, although they had willingly gone under the knife, they would not have done so if someone had explained their options more fully. For example, maybe a breast cancer patient would have chosen to remove only the tumor rather than the entire breast if her doctor had explained that both options were available.

As a result, the legal rule is that consent only counts if it is “informed consent.” A doctor has to inform you of your options before he operates, and you have to inform your users about how you’re going to handle their information before you collect it.

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