Choice and Consent: Key Strategies for Data Privacy | TrustArc
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Privacy PowerUp Series #6 Ensuring that individuals have control over their personal information is more critical than ever to consumers today. This article explores the concepts of choice and consent in data protection, providing key insights for privacy professionals. What is choice and consent in data protection? Choice and consent are fundamental concepts in data protection, allowing individuals to control how their personal information is collected, used, and disclosed. The requirements vary based on jurisdictions, industries, sectors, types of personal information, and processing activities. Sometimes, consent is even necessary for transferring personal information. Key considerations for ensuring choice and consent 1. Assessing data processing Before determining the appropriate choice mechanism, it may be a good idea to assess the activities
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you plan to undertake. Some of the examples of the steps you could take are: Document data inventory that, among others, could include: Categories of data collected Purposes for use and disclosure With data inventory in place, ask questions such as: Do you need sensitive personal information? What jurisdictions and sectors do you operate in? What types of data and purposes for processing? Does your company engage in cross-contextual advertising? 2. Determining choice mechanisms After assessing your data processing activities, determine the appropriate choice mechanisms to comply with various privacy regulations. Consider the following principles and frameworks: Review the following principles: Collection Limitation: Limit personal data collection. Obtain data by lawful and fair means with individual consent where appropriate. Use
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personal data only for specified purposes. You should not be disclosing or using personal data beyond those purposes unless specified conditions apply. The OECD principles form the foundation of most privacy regulations. APEC Cross Border Privacy Rules (CBPR) For organizations operating in , the CBPR principle “Choice” requires providing clear and conspicuous mechanisms for individuals to exercise their choices regarding data collection, use, and disclosure. Opt-in vs. opt-out There are two primary concepts of choice: Opt-in consent involves an active, affirmative action to indicate a choice. Examples include checkboxes or radio buttons (pre-checked boxes are not acceptable). Links to opt-out from selling or sharing personal information Regulatory variations Different regulations require different types of choice mechanisms. Here are some examples
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under selected regulations: California Consumer Privacy Act ( , among other requirements: Opt-out from selling or sharing personal information Provide a conspicuous link or alternative offline method and ePrivacy Directive) Different types of choice mechanisms based on legal basis and categories of personal information , where applicable The right to object when the data processing has been based on legitimate interest Data Privacy Framework For example, an opt-out choice mechanism for direct marketing, where applicable Technological means of providing choice Organizations must ensure that technological means for providing choice are in place. This includes: Recording choices: Implement procedures and technical measures to record individual preferences. Taking appropriate action: Ensure that appropriate actions are taken when an individual exercises their choice.
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Inclusion in privacy notices: Include disclosures and working mechanisms in your privacy notice. Options may include an email to the privacy office, a link to a preference manager, or a specific link (e.g., “Do not sell or share” under CCPA). Special considerations for minors When collecting or using data of minors, always adhere to local laws and regulations. Additional considerations Mechanisms to withdraw consent: Ensure that individuals can easily withdraw consent when desired. Use forms of consent that meet regulatory obligations. Specific and prescribed purposes: Obtain specific consent for prescribed purposes. Cross-jurisdiction data transfers: Some laws may require consent for transferring data outside of the jurisdiction or mandate data localization. Increase customer trust with transparency and choice Choice and consent
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are pivotal in ensuring data privacy. By understanding and implementing proper mechanisms, organizations can help individuals maintain control over their personal information Achieve global consent compliance and provide delightfully simple experiences for users to exercise their data privacy rights and consent preferences while reducing your risk, complexity, and costs. Discover the #1 consent management platform Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series. Choice and Consent Infographic Review the foundations of choice and consent in data privacy. PowerUp Your Privacy Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials Visit us again on October 9, 2024 to read the next article in this series:
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#7 Managing the Complexities of International Data Transfers and Onward Transfers Getting Started in Privacy Data Collection, Minimization, Retention, Deletion, and Necessity Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA) Understanding Data Subject Rights (Individual Rights) and Their Importance The Foundations of Privacy Contracting Choice and Consent: Key Strategies for Data Privacy Emerging Technologies in Privacy: AI and Machine Learning Privacy Program Management: Buy-In, Governance, and Hierarchy Managing Privacy Across the Organization Assess the Risk Before it Hits Contracts that Count: Mastering the 10 Most Negotiated Provisions in a Data Processing Agreement Selling and Sharing Personal Information Building a Privacy-Approved Vendor Management Program Tracking Technologies: The Hidden Backbone of AdTech and the Looming Privacy Minefield Data Inventory:
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Next-Level Classification for Privacy Professionals Incident Incoming–Now What?