What is Opt-In Choice?

Opt-in choice means that a person makes an affirmative and active indication of choice. An example would be someone checking a box on a web site signaling a desire to share information with third parties.

The FTC looks for opt-in consent before personal information is processed after material changes to a privacy policy.

Several privacy laws require opt-in consent before data is collected or used:

  • COPPA requires opt-in from a parent before information on a child is collected or used.
  • FCRA requires opt-in before a consumer’s credit report is provided to an employer, lender or other authorized recipient
  • HIPAA requires opt-in (with exceptions) before personal health information (PHI) is shared with third parties.
  • The GDPR underscores opt-in consent as the preferred mechanism to allow marketing. 

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