Prior to the transfer of audio data to a third-party recipient, the Collector should take steps to obtain the audio data subject’s written or recorded informed consent with regard to the forthcoming transfer in accordance. This may only be practicable if the Collector was able to obtain consent from the data subject(s) at the point of collection of the data and maintained an avenue for later communication.
The data subject(s) in question may also be the Collector’s personnel, for example if personnel are sending contemporaneous voice note updates from on the ground in a conflict context. The Collector should obtain the involved personnel’s consent prior to any transfer of the data.
If the data subject denies consent to the transfer of the audio data, the denial should be documented and the Collector should not share the data, unless the data can be anonymised (for example, by redacting the data as needed, per BP 23. If it is not possible to obtain the data subject’s consent prior to transfer of the data, the Collector should assess whether the data should still be transferred per the ethical principles outlined in BP 1.
Tech Specs & Resources
Refer to BP 1 Technical Specifications + Resources, ‘Resources on Consent’.
Legal Framework
See section 4.2.4.B on ‘Legal Bases for Data Processing’ under the GDPR.
Applicable Ethical Principles Consent.