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.