Why ‘Opt-in’ Consent Is the Best Option

Most state data privacy laws in the U.S. operate on an opt-out basis, meaning that users are assumed to have consented to the use of cookies unless they actively decline, ie, opt out. 

The EU’s General Data Protection Regulation (GDPR), by contrast, is an opt-in mechanism. That means companies may not use personal data unless an individual actively offers consent to do so, ie, opts in. 

the example of digital cookies

We’re starting to see the results of these laws now in the way cookies are handled. 

Cookies are digital markers stored on an online user’s device (computer or smartphone) that track online activity. They’re the little gremlins that allow those annoying ads to follow you around from site to site. 

American consumers are now seeing more cookies consent banners, like the example below, pop up when they visit a website for the first time. Companies aren’t posting these because they value your privacy. The new consent banners exist only because the European Union and some US states recently enacted laws requiring them. 

A typical cookies consent banner.

These laws apply only to cookies, not to the unauthorized collection and use of your personal data to train AI systems. Even if you refuse the cookies, your data may still be collected and used to train AI. 

solution: require opt-in consent to train ai

At the Transparency Coalition we believe state and federal lawmakers should require opt-in consent from consumers to use an individual’s data to train an AI system. In other words: Companies should assume they have no right to use an individual’s data unless that individual gave them affirmative consent. 

Is this technologically feasible? Absolutely. It’s as easy as adjusting those cookies consent banners to ask permission to use a website visitor’s data for AI training purposes. 

Individuals are the rightful owners of their personal data. Companies should assume they can’t collect, store, or use your personal data to train AI models unless you give your affirmative consent. Opt-in should not only be the industry standard; it should be the law of the land. 

State and federal legislators can craft those laws right now. As we see with the cookies banners, it’s easy for companies to make the ask for permission. But they won’t do it unless we—the people and our elected representatives—require them to.