Opt Out
Definition
Opt-out is a consent model where individuals are automatically included in data collection, processing, or communications but have the right to refuse or withdraw participation. Under an opt-out model, you're in by default unless you take action to remove yourself. This approach is less privacy-protective than opt-in because it assumes consent rather than requiring active agreement. However, opt-out remains legally acceptable for certain purposes in various jurisdictions. For example, the CCPA provides opt-out rights for the sale and sharing of personal information rather than requiring opt-in consent. Marketing lists often use opt-out, where you're added but can unsubscribe. The key legal requirement is that opt-out mechanisms must be easy to find, simple to use, and clearly explained. Links like "Do Not Sell My Personal Information" on websites serve this purpose under California law. Opt-out effectiveness depends on making the process straightforward—hidden unsubscribe links, complex multi-step processes, or requiring login to opt-out can violate regulations. Universal opt-out mechanisms like Global Privacy Control (GPC) automate opt-out preferences across websites. Organizations must process opt-out requests promptly and confirm when completed.
Applicable Laws & Regulations
- 1CCPA § 1798.120
- 2CPRA § 1798.121
- 3CAN-SPAM Act 15 USC § 7704(a)(3)
- 4GDPR Article 21