Notice, Choice, and Access (Opt-In vs. Opt-Out)
Notice describes information practices; choice lets individuals control collection/use - opt-in is an affirmative yes, opt-out implies consent unless the person objects; access lets individuals view their data. Privacy notice promises are enforceable by the FTC and the states.
How this supports CIPP/US study
Use this lesson to identify the legal source, actor, data and activity before applying a rule to a scenario. Continue with the CIPP/US exam format and blueprint.
Notice describes an organization's information practices and serves two purposes: consumer education and corporate accountability. A typical notice states what is collected, how it is used and disclosed, how to exercise choices, and whether the individual can access or update the data. For most industries, promises in a privacy notice are legally enforceable by the FTC and the states.
The chapter distinguishes privacy notice (an external communication to consumers) from privacy policy (often the internal standards used within the organization).
| Term | Mechanism | Effect of silence (no answer) |
|---|---|---|
| Opt-in | Affirmative express act ('yes') | Information is NOT shared |
| Opt-out | Implied unless the person objects ('no') | Information IS shared |
Access is the ability to view personal information an organization holds, often supplemented by updates or corrections. U.S. laws often provide access and correction when information is used for substantive decision-making, such as credit reports.
Key terms - quick answers
What is “Notice”?
What is “Choice”?
What is “Opt-in”?
What is “Opt-out”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.