What is Opt-In and Opt-Out Consent?
Under the
Privacy Act, opt-in and opt-out consent are recognised as valid methods of obtaining an individual’s consent to collect their personal information and data. The Australian privacy Act 1988 (Cth) governs how personal information is collected, utilised and shared by Australian businesses and government agencies.
Types of Consent: Opt-In vs Opt-Out
It is important to understand the what opt-in and opt-out consent means both as a business and consumer.
Opt-in consent, in accordance with the privacy act, requires businesses and government agencies to obtain an individual’s express and informed consent prior to collecting personal information. The individual must be provided with clear information about what personal information is collected, the purpose for collection and how it will be used and disclosed. They must be given the opportunity to agree or disagree to the collection and use of their personal information.
However, opt-out consent, in accordance with the privacy act, recognises that businesses and government agencies can collect personal information without an individual’s express consent if they have legitimate interest in doing so. They are required to provide individuals with clear, concise information regarding collection, use, and disclosure of their personal information. Furthermore, they must provide the opportunity to opt-out of the collection and use of their personal information.
The Privacy Act also requires businesses and government agencies to ensure that the personal information collected is accurate, up-to-date, and secure. They must give individuals access to their personal information and provide them with the opportunity to correct inaccuracies.
Complying with Australian Privacy Laws with Opt-In and Opt-Out Practices
Australian Privacy Principles (APPs) are a set of principles that set out the requirements for handing personal information under the Privacy Act 1988 (Cth). They provide guidance on obtaining consent in compliance with Australian privacy law.
In regard to these two types of consent,
APP 1, 5,6 and
7 thoroughly outline the principles that must be followed when obtaining consent.
AAP 1 refers to the open and transparent management of personal information. Businesses must be clear about the personal information they collect, the purpose for collection and how it will be used and disclosed. This principle requires businesses to be transparent and accountable for the information they hold. It ensures that they collect and use personal information for legitimate purposes.
AAP 5 requires businesses to notify and ensure awareness prior to or at the time of collection. This includes the types of entities their personal information may be disclosed to, laws that requires the collection of personal information and the purpose of collection.
APP 5 ensures that businesses are held accountable in their management of personal information when disclosing it to third parties.
APP 6 the use of disclosure of personal information, requires businesses to obtain an individual’s express and informed consent for secondary purposes. This must be obtained prior to using or disclosing their personal information for a secondary purpose. This again holds businesses accountable for the personal information they hold when disclosing it for secondary purposes.
APP 7 requires that businesses must not use or disclose personal information it holds for the purposes of direct marketing unless consent is given. It protects individuals from receiving unwanted or unsolicited direct marketing communications. However, it still allows businesses to promote their products and services lawfully and ethically.
Australian Privacy Principles regulates the handling of personal information by businesses and government agencies under the Privacy Act 1988 (Cth). This is done by establishing standards of collection, use, disclosure and storage and management of personal information. It aims to protect the privacy of individuals and promote trust and confidence in the handling of personal information. By following these principles, businesses can ensure they meet their legal obligations and demonstrating their respect for consumer privacy.
What’s the Purpose of Opt-in and Opt-Out Consent?
The purpose of consent provides individuals with control over their personal information. This includes how it is collected, used, and disclosed by a business or government agencies. Opt-in and opt-out consent are two different approaches to obtaining consent. Each approach can be used in different contexts.
Opt-in consent is commonly used for marketing purposes, sensitive information and research. In terms of marketing, it ensures that individuals have explicitly consented to receive marketing communications from that business. Opt-in consent also covers the collection of sensitive information including health information, race, or ethnicity. It can be used for research purposes to ensure that participants are full informed about the study to give their express and informed consent to participate.
Opt-out consent is commonly used for secondary uses, direct marketing, and public registers. Secondary uses can refer to the sharing of personal information with third party service providers or conducting market research. For direct marketing, individuals are given the option to opt-out of receiving marketing communications from a business.
Businesses and government agencies are required to obtain an individual’s express and informed interest prior to collection and sharing of personal information regardless of which type of consent is used.
