Express Consent

Express Consent: Definition and Meaning

Express consent refers to the clear and direct agreement given by an individual to proceed with a specific action, such as a medical treatment or the use of personal data. This form of consent is explicit and unambiguous, ensuring that the individual has made an informed decision after being fully briefed on the relevant details.

Key Characteristics of Express Consent

• Clear Expression: Express consent is typically provided through a verbal affirmation or by signing a consent form, which ensures that the agreement is unmistakable and documented.
• Informed Decision: It involves providing the individual with comprehensive information about the action, including its nature, risks, benefits, and alternatives, to enable them to make a well-informed decision.
• Written or Electronic Form: Express consent often involves written documentation, including electronic forms with electronic signatures, as defined in legal frameworks like 18 USC § 2725(5).

Differences from Other Forms of Consent

• Informed Consent: While express consent is a specific type of consent, informed consent is a broader process that includes obtaining express consent and ensuring the individual understands all relevant information.
• Implied Consent: Unlike express consent, implied consent is inferred from an individual's actions or conduct rather than being explicitly stated.

Importance in Different Contexts

• Medical Context: Express consent is crucial in healthcare to ensure that patients are fully aware of the treatments they are undergoing and have given explicit permission.
• Data Privacy: In the context of data privacy, express consent is essential for ensuring that individuals have control over their personal data and are aware of how it is being used.