‘Free’ consent means a voluntary decision, by an individual in possession of all of his

faculties, taken in the absence of coercion of any kind, be it social, financial, psychological or

other. Any consent given under the threat of non-treatment or lower quality treatment in a

medical situation cannot be considered as ‘free’. Consent given by a data subject who has not

had the opportunity to make a genuine choice or has been presented with a fait accompli

cannot be considered to be valid. The individual data subject has a genuine free choice and

must be subsequently able to withdraw the consent without detriment.