Consent

" ... The term ‘consent’ means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion."

" ... “Consent” means affirmative, written agreement to a specific purpose that is disclosed in clear and conspicuous terms to the parent or guardian."

" ... The term ‘consent’ means an affirmative, conscious, competent, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion, whether or not the individual is a public figure."

" ... The term ‘consent’ means an affirmative, conscious, competent, and voluntary authorization made by the individual free from force, fraud, misrepresentation, or coercion, whether or not the individual is a public figure."

" ... The term ‘consent’ means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion."

" ... The terms “consent”, “deepfake”, “identifiable individual”, “intimate visual depiction”, and “minor” have the meaning given such terms in section 223(h) of the Communications Act of 1934 (47 U.S.C. 223), as added by section 2."

" ... ‘informed consent’ means a subject’s freely given, specific, unambiguous and voluntary expression of his or her willingness to participate in a particular testing in real-world conditions, after having been informed of all aspects of the testing that are relevant to the subject’s decision to participate; ... "

" ... “Express consent” means an affirmative written authorization that is granted in response to a notice that is both of the following: (A) Clear, meaningful, and prominent. (B) Conveyed in a manner that a natural person would notice and understand it. “Express consent” does not include an authorization that is any of the following: (A) Inferred from inaction. (B) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code. (C) Contained within a more general notice, agreement, or set of terms and conditions."

" ... For purposes of the consent required under paragraph (1)(B), the regulations shall require that— (A) individuals may grant or revoke consent at any time through an accessible and easily navigable mechanism; (B) the option to withhold or revoke consent shall be at least as prominent as the option to accept and shall take the same number of steps or fewer as the option to accept; (C) such consent is obtained independently from the covered entities’ terms of service agreement; (D) such consent cannot be inferred from an individual's action or inaction, such as hovering over or closing a window or piece of content; (E) services provided by a covered entity may not be reduced, restricted, or made conditional on whether an individual withholds consent; and (F) should an individual revoke consent, all covered data of the individual shall be expunged from datasets used to train an artificial intelligence system following the revocation of consent."

" ... The regulations permit a covered entity to use covered data of an individual to train an artificial intelligence system or to sell or transfer such data to a third party for such purpose if the covered entity first— (A) provides the individual with a clear and conspicuous disclosure of how the covered entity or third party will use the individual's covered data; and (B) obtains the express informed consent of the individual for the covered entity or third party to use the individual's covered data for such purpose."

" ... The term “unique persistent identifier”— (B) does not include an identifier assigned by a covered entity for the specific purpose of giving effect to an individual’s exercise of express informed consent or revocation of consent to the collection of covered data to train an artificial intelligence system."

" ... REQUIREMENTS FOR AFFIRMATIVE CONSENT.—Except as provided in subsection (b), require covered entities to provide individuals with a notice that is concise, in easily understandable language, accurate, clear, timely, and conspicuous to express affirmative, opt in consent— (A) before the covered entity collects or discloses sensitive data linked to the individual; or (B) before the covered entity collects, processes, stores, or discloses data for purposes which are outside the context of the relationship of the covered entity with the individual linked to the data, including— (i) the use of covered data beyond what is necessary to provide, improve, or market a good or service that the individual requests; (ii) the processing or disclosure of covered data differs in material ways from the purposes described in the privacy policy that was in effect when the data was collected; (iii) any other purpose that Commission considers outside of context."

" ... The term “affirmative express consent”— (A) means an affirmative act by a user that— (i) clearly communicates the user's authorization for a specific act or practice for which the user's consent is sought to proceed; (ii) is freely taken by the user; and (iii) is taken after the user is informed about the act or practice for which consent is sought, including through the presentation to the user of a clear and conspicuous description of the act or practice; and (B) does not include— (i) the consent of a child or teen; or (ii) the consent to a provision contained in a general contract or service agreement."

" ... The term ‘consent’— “(A) means an affirmative, express, and voluntary agreement that— “(i) states that the person providing the consent is providing consent to a government official to access the digital contents, access credential, or online account information, or other information being sought; “(ii) specifies the type of content, access credential, or online account information the person is providing access to; “(iii) specifies the time period of the covered vehicle data to be accessed; “(iv) informs the person providing consent that consent is optional and that the government official attempting to obtain consent must otherwise acquire a warrant if consent is not obtained; “(v) does not involve sanctions or the threat of sanctions for withholding consent; and “(vi) uses clear, simple, and comprehensible language that is presented in a way that is accessible to the person providing consent; and “(B) does not include consent obtained through agreement to a generic privacy policy."

" ... The term ‘verifiable consent’ means express, affirmative consent freely given by a teenager, or by the parent of a child, to the processing of covered information of that teenager or child, respectively— (A) that is specific, informed, and unambiguous, taking into account the age and the developmental and cognitive needs and capabilities of teenagers or parents of children, as applicable; (B) that is given separately for each unrelated processing activity; (C) where the teenager or parent of a child, as applicable, has not received any financial or other incentive in exchange for such consent; (D) that is given before any processing occurs, at a time and in a context in which the teenager or parent of a child, as applicable, would reasonably expect to make choices concerning such processing; (E) that is not obtained through the use of a design, modification, or manipulation of a user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision making, or choice; and (F) that, in the case of consent to the processing of covered information of a child, is obtained in a manner that is reasonably calculated to ensure that the individual giving consent is the parent of the child."

" ... Consent.--The term `consent' means an affirmative, conscious, and voluntary authorization made by an individual free from force, fraud, duress, misrepresentation, or coercion."

" ... Consent withdrawal and data deletion. Entities should allow (to the extent legally permissible) withdrawal of data access consent, resulting in the deletion of user data, metadata, and the timely removal of their data from any systems (e.g., machine learning models) derived from that data."

" ... Use-specific consent. Consent practices should not allow for abusive surveillance practices. Where data collectors or automated systems seek consent, they should seek it for specific, narrow use contexts, for specific time durations, and for use by specific entities. Consent should not extend if any of these conditions change; consent should be re-acquired before using data if the use case changes, a time limit elapses, or data is transferred to another entity (including being shared or sold). Consent requested should be limited in scope and should not request consent beyond what is required. Refusal to provide consent should be allowed, without adverse effects, to the greatest extent possible based on the needs of the use case."

" ... Brief and direct consent requests. When seeking consent from users short, plain language consent requests should be used so that users understand for what use contexts, time span, and entities they are providing data and metadata consent. User experience research should be performed to ensure these consent requests meet performance standards for readability and comprehension. This includes ensuring that consent requests are accessible to users with disabilities and are available in the language(s) and reading level appropriate for the audience. User experience design choices that intentionally obfuscate or manipulate user choice (i.e., "dark patterns") should be not be used."

" ... Necessary functions only. Sensitive data should only be used for functions strictly necessary for that domain or for functions that are required for administrative reasons (e.g., school attendance records), unless consent is acquired, if appropriate, and the additional expectations in this section are met. Consent for nonnecessary functions should be optional, i.e., should not be required, incentivized, or coerced in order to receive opportunities or access to services."

" ... Depending on the technological use case and based on an ethical assessment, consent for sensitive data may need to be acquired from a guardian and/or child."

" ... Where facial information is processed based on individual consent, the individual has the right to withdraw that consent. Personal information processors shall provide a convenient and fast means for withdrawing consent. An individual’s withdrawal of consent does not affect the validity of personal information processing activities that were carried out based on the individual’s consent prior to the withdrawal."

" ... Where facial information of a minor under the age of 14 is processed based on individual consent, consent must be obtained from the minor’s parents or other guardians."

" ... Where facial information is processed based on individual consent, such consent must be obtained separately and voluntarily under fully informed circumstances. Where laws or administrative regulations stipulate that written consent must be obtained for the processing of facial information, such provisions shall prevail."

" ... "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization."

" ... Informed Consent: Members of the public should be informed when they are interacting with an AI tool and have an “opt out” alternative to using AI tools available."

" ... "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization."

" ... (b) Consent.—A covered entity must obtain express affirmative consent from an individual before it may provide a behaviorally personalized version of a product or service, and not less than every calendar year thereafter. Where consent is denied, a covered entity must provide the product or service without behavioral personalization."

" ... (b) Restriction On Use And Retention Of Information.—A social media platform shall not— (1) use any information collected as part of the parent or guardian consent process for any other purpose; or (2) retain any information collected as part of the parent or guardian verification process except to the extent necessary to— (A) provide confirmation of the affirmative consent of a parent or guardian for a minor user to create an account; (B) preserve the ability of the parent or guardian to revoke such consent; and (C) prove that the platform has taken reasonable steps to obtain the affirmative consent of a parent or guardian for a minor user to create an account. (c) Ability To Revoke Consent.—A social media platform shall take reasonable steps to provide a parent or guardian who has consented to their child’s social media use with the ability to revoke such consent. (d) Effect Of Revocation Of Consent.—A social media platform that receives a revocation of consent under subsection (c) shall suspend, delete, or otherwise disable the account of the minor user for whom consent was revoked. (e) Rule Of Construction.—Nothing in this section shall be construed to require a social media platform to require minor users or their parents or guardians to provide government-issued identification for relationship verification or the provision of affirmative consent to create an account. (f) Safe Harbor.—A social media platform that, for parent or guardian relationship verification purposes, relies in good faith on information provided by the Pilot Program described in section 7 shall be deemed to have taken reasonable steps to verify the parent or guardian relationship of the parent or guardian granting consent for a minor user to create an account under this section."

" ... SEC. 5. PARENT OR GUARDIAN CONSENT FOR MINORS. (a) In General.—A social media platform shall take reasonable steps beyond merely requiring attestation, taking into account current parent or guardian relationship verification technologies and documentation, to require the affirmative consent of a parent or guardian to create an account for any individual who the social media platform knows or reasonably believes to be a minor according to the age verification process used by the platform."

" ... (c) A person who offers artificial intelligence mental health services shall: (1) clearly advise all persons who may use the services that the services would be provided through artificial intelligence technology; and (2) obtain a person's informed consent before the person receives artificial intelligence mental health services."

" ... Sec. 616.003. TESTING AND APPROVAL REQUIRED. (a) Notwithstanding Section 616.002, a licensed mental health professional may provide artificial intelligence mental health services only to a person who has agreed to receive the services for purposes of testing an artificial intelligence technology as indicated by the person's signing a specialized informed consent document that demonstrates that the person understands the nature of the testing and agrees to: (1) receive artificial intelligence mental health services that are in active development and have not been demonstrated to be both competent and safe; and (2) release the artificial intelligence mental health services provider from all liability associated with the artificial intelligence mental health services provided during testing."

" ... "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization."

" ... A depicted individual may rescind consent by delivering written notice within three business days from the date consent was given to the person in whose favor consent was made, unless one of the following requirements is satisfied: (i) the depicted individual is given at least three business days to review the terms of the agreement before signing it; or (ii) if the depicted individual is represented, the attorney, talent agent, or personal manager authorized to represent the depicted individual provides additional written approval of the signed agreement."

" ... A depicted individual may only consent to the creation, disclosure, dissemination, or publication of sexually explicit material by knowingly and voluntarily signing an agreement written in plain language that includes a general description of the sexually explicit material and the audiovisual work in which it will be incorporated."

" ... (a) A state agency that uses a system that employs artificial intelligence for consequential decisions shall (1) notify each individual who may be legally or significantly affected by the use of the system; (2) obtain an individual's consent before soliciting or acquiring sensitive personal data about the individual that will be used by the system; (3) provide an appeals process that includes manual human review for an individual who is legally or significantly affected by the use of the system; and (4) inform a prospective employee of the state agency about any video interview that involves the use of artificial intelligence and obtain the prospective employee's consent before employing artificial intelligence."

" ... Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Federal Trade Commission, shall issue rules that provide that, with respect to any product offered or operated by an entity— (1) the entity may not offer to a minor user of the product any artificial intelligence feature, including an artificial intelligence chat feature, as part of the product unless a parent or guardian of the minor user affirmatively grants consent to accept that artificial intelligence feature on behalf of the minor user; (2) after granting consent under paragraph (1), a parent or guardian of the applicable minor user may revoke that consent at any time; and or operated by an entity— (1) the entity may not offer to a minor user of the product any artificial intelligence feature, including an artificial intelligence chat feature, as part of the product unless a parent or guardian of the minor user affirmatively grants consent to accept that artificial intelligence feature on behalf of the minor user; (2) after granting consent under paragraph (1), a parent or guardian of the applicable minor user may revoke that consent at any time; and (3) with respect to the revocation of consent under paragraph (2), the entity may not charge the parent or guardian revoking consent a fee for the removal by the entity of the applicable artificial intelligence feature. (c) Violations.—A violation of a rule issued under subsection (b) shall be considered to be a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a rule issued under that Act."

" ... (A) CONSENT.—The term “consent” has the meaning given the term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022 (15 U.S.C. 6851)."

" ... (1) RIGHT OF ACTION.— (A) IN GENERAL.—If an individual 18 years of age or older, or any person that is not an individual, (referred to in this subparagraph as the “sender”) knowingly sends an individual (referred to in this subparagraph as the “recipient”) a visual depiction of sexually explicit conduct, in or affecting interstate or foreign commerce or using any meansed to in this subparagraph as the “recipient”) a visual depiction of sexually explicit conduct, in or affecting interstate or foreign commerce or using any means or facility of interstate or foreign commerce, without the consent of the recipient, knowing that, or recklessly disregarding whether, the recipient has not provided consent to receive the visual depiction, the recipient may bring a civil action against the sender in an appropriate district court of the United States for relief under paragraph (2)."

" ... (c) Prohibition on non-Consensual use of covered content that has attached or associated content provenance information.—It shall be unlawful for any person, for a commercial purpose, to knowingly use any covered content that has content provenance information that is attached to or associated with such covered content or covered content from which the person knows or should know that content provenance information has been removed or separated in violation of subsection (b), in order to train a system that uses artificial intelligence or an algorithm or to generate synthetic content or synthetically-modified content unless such person obtains the express, informed consent of the person who owns the covered content, and complies with any terms of use pertaining to the use of such content, including terms regarding compensation for such use, as required by the owner of copyright in such content."

" ... (6) ILLEGITIMATELY OBTAINED INFORMATION.—The term “illegitimately obtained information” means personal data or information that was obtained— (A) in a manner that violates Federal, State, or Tribal law; (B) in a manner that violates a service agreement between a provider of an electronic communication service to the public or a provider of a remote computing service and customers or subscribers of that provider; (C) in a manner that is inconsistent with the privacy policy of a provider described in subparagraph (B), if applicable; (D) by deceiving a person whose information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity."

" ... (4) The company shall obtain informed consent from individuals before collecting, using or disclosing their data; ... "

" ... Before using training data containing sensitive personal information, one shall obtain the separate consent of each corresponding individual, and comply with other circumstances as stipulated by laws and administrative regulations; ... "

" ... A PERSON IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS, THE ACTOR INTENTIONALLY CREATES OR CAUSES TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR PERSONS AND DISSEMINATES OR PUBLISHES SUCH RECORD OF SUCH PERSON OR PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT."

" ... (1) Any person who knowingly uses or infringes upon the use of an individual's name, photograph, voice, or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is liable to a civil action."

" ... Without an individual’s consent, or unless it is to comply with laws in other circumstances, AI developers and providers shall not use AI to analyze or evaluate an individual’s behavioral habits, interests, or information about his or her economic, health, or credit status."

" ... (k) Except as allowed by these regulations, a business must wait at least 12 months from the date the business receives the consumer’s request to opt-out of the business’s use of the automated decisionmaking technology before asking a consumer who has exercised their right to opt-out, to consent to the business’s use of the automated decisionmaking technology for which the consumer previously opted out."

" ... (D) Coercing or compelling consumers into allowing the processing of their personal information, such as by conditioning consumers’ acquisition or use of an online service upon their disclosure of personal information that is unnecessary to the expected functionality of the service, or requiring consumers to consent to processing when such consent cannot be freely given."

" ... c) Personal information: 1) Before using a corpus containing personal information, it is necessary to obtain the consent of the corresponding individuals, and to comply with other circumstances as stipulated by laws and administrative regulations; 2) Before using a corpus containing sensitive personal information, it is necessary to obtain the separate consent of each corresponding individual, and comply with other circumstances as stipulated by laws and administrative regulations; ... "

" ... (d) Any licensed mental health professional providing mental health services through the use of AI shall disclose the use of AI to patients in advance and obtain their informed consent."

" ... (4) the company shall obtain informed consent from individuals before collecting, using or disclosing their data; ... "

" ... Where deep synthesis service providers and technical supports provide functions for editing biometric information such as faces and voices, they shall prompt the users of the deep synthesis service to notify the individuals whose personal information is being edited and obtain their independent consent in accordance with law."

" ... (3) Obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided. An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis."

" ... (3) Obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided. An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis."

" ... (b) An individual is not considered to be informed nor to have provided consent for such purpose pursuant to Section 503.001, Business and Commerce Code, based solely upon the existence on the internet, or other publicly available source, of an image or other media containing one or more biometric identifiers."

" ... E. Opting out of or prohibiting the contractor from using agency data to train AI without an agency’s consent."

" ... "Unauthorized digital replica" means the use of a digital replica of an individual without the consent of the appropriate person or persons identified in Section 20 or their authorized representative."

" ... (3) Where personal information is involved, the consent of the personal information subject shall be obtained or it shall comply with other situations provided by laws and administrative regulations; ... "

" ... Where data includes personal information, the consent of the personal information subject shall be obtained, or other procedures conforming with the provisions of laws and administrative regulations followed; ... "

" ... Regulations under this section may provide for informed consent to be express (opt-in) or implied (opt-out) and may make different provision for different cases."