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NIST SP 800-53 Rev. 5 · PT-4

Consent

US National Institute of Standards and Technology (NIST) · cited in 8 of our lessons

Explanation

What it asks for. The organisation must implement tools or mechanisms that allow individuals to consent to the processing of their personally identifiable information before collection, so that they can make informed decisions.

In practice. For European organisations this connects to GDPR consent requirements where consent is the lawful basis, and to ePrivacy rules on cookies. Good practice is clear, granular consent requests, records of what each person agreed to and when, and easy withdrawal. Auditors look for consent interfaces, consent logs and evidence that withdrawals are acted on in downstream systems.

Common gaps. Consent banners that make refusal hard, bundled consents and withdrawals that never reach marketing or analytics systems are frequent problems. Consent is sometimes relied on where another lawful basis would be more appropriate.

Open SP 800-53 at NIST
The official text
Implement [Assignment: organization-defined tools or mechanisms] for individuals to consent to the processing of their personally identifiable information prior to its collection that facilitate individuals’ informed decision-making. Discussion: Consent allows individuals to participate in making decisions about the processing of their information and transfers some of the risk that arises from the processing of personally identifiable information from the organization to an individual. Consent may be required by applicable laws, executive orders, directives, regulations, policies, standards, or guidelines. Otherwise, when selecting consent as a control, organizations consider whether individuals can be reasonably expected to understand and accept the privacy risks that arise from their authorization. Organizations consider whether other controls may more effectively mitigate privacy risk either alone or in conjunction with consent. Organizations also consider any demographic or contextual factors that may influence the understanding or behavior of individuals with respect to the processing carried out by the system or organization. When soliciting consent from individuals, organizations consider the appropriate mechanism for obtaining consent, including the type of consent (e.g., opt-in, opt-out), how to properly authenticate and identity proof individuals and how to obtain consent through electronic means. In addition, organizations consider providing a mechanism for individuals to revoke consent once it has been provided, as appropriate. Finally, organizations consider usability factors to help individuals understand the risks being accepted when providing consent, including the use of plain language and avoiding technical jargon.

From NIST SP 800-53 Rev. 5, a work of the US government in the public domain.

Lessons that cite it

Real incidents where this item mattered.