Opt-In Consent
Definition
A model where the consumer must take an affirmative action to agree before their data can be processed for a specific purpose. The consumer must be informed of what they are agreeing to and must actively indicate consent (e.g., checking an unchecked box). Required for processing sensitive data and children's data under most state laws.
Legal Definition
Under the VCDPA (Va. Code 59.1-575): "consent" means "a clear affirmative act signifying a consumer's freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer." Opt-in consent is required before processing sensitive data under most state laws.
State Laws Using This Term
Practical Example
A health app asks the user to check a box saying "I consent to the processing of my health data for personalized recommendations" before collecting any health information. The box must be unchecked by default.
Related Terms
Frequently Asked Questions
When is opt-in consent required?
Opt-in consent is typically required for processing sensitive data (health, biometric, racial/ethnic origin, etc.), collecting data from known children, and sometimes for processing data for purposes beyond what was originally disclosed.