Consent spectrum: from genuine consent to surveillance
The Consent Spectrum: From Agency to Surveillance
the same click means very different things — only the left end is meaningful consent
MORE AGENCY
LESS AGENCY
Genuine consent
free and informed
specific purpose
refuse has no cost
withdraw any time
VALID CONSENT
rare in practice
Informed opt-in
plain-language notice
user picks a level
new purpose: re-ask
settings respected
VALID IF HONEST
needs real choice
Take-it-or-leave-it
bundled with service
refuse means no access
service feels mandatory
social cost to quit
NOT FREE: INVALID
most common pattern
Dark patterns
pre-ticked boxes
hidden settings
nagging pop-ups
silence means yes
NOT CONSENT
manufactured yes
No choice at all
tracked by default
third-party data
non-users profiled
opt-out is fiction
SURVEILLANCE
call it what it is
GDPR test: consent is valid only if ALL five hold
Freely given
no penalty for no
Specific
per purpose, not blanket
Informed
plain, clear language
Unambiguous
silence is not yes
Withdrawable
leave without harm