Consumer opt-out rights
What are consumer opt-out rights?
Consumer opt-out rights give individuals the ability to decline certain uses of their personal information when that information is processed for purposes they may find intrusive, unexpected, or impactful. These rights allow consumers to avoid practices such as targeted advertising, cross-context behavioral analysis, or profiling that relies heavily on inferences, predictions, or patterns of behavior. Opt-out rights create a clear mechanism for individuals to reduce unwanted data use and limit how personal information contributes to automated evaluations.
In the context of automated decision-making technology (ADMT), consumer opt-out rights apply when automated tools evaluate individuals, assign scores, predict behavior, or categorize people in ways that may influence opportunities, access, pricing, or content delivery. ADMT may contribute to evaluations that affect service eligibility, the offers a person sees, or how they are segmented for marketing or risk-related purposes. Opt-out rights give individuals a way to decline these automated evaluations, reduce reliance on algorithmic logic, and request alternative processes, such as human consideration, when automated outcomes may meaningfully affect them.
Why do consumer opt-out rights matter?
Opt-out rights help individuals maintain control over how their personal information is used, especially when processing activities rely on behavioral data, predictive modeling, or automated logic. These rights allow consumers to take an active role in limiting unwanted profiling or automated assessments that could influence their digital experience. When individuals understand how their information is used and are given a choice to limit that use, trust and transparency increase.
In automated decision-making scenarios, these rights play an even more significant role. ADMT can influence important outcomes, sometimes without clear visibility into how decisions were generated. By giving consumers the ability to reject automated evaluations or request more information about how those evaluations occur, opt-out rights support fair and understandable data practices. They help ensure that individuals are not subject to meaningful effects without an opportunity to participate, question, or choose a different path.
FAQs about consumer opt-out rights
Opt-out rights commonly apply to activities such as behavioral profiling, targeted advertising based on cross-context data, predictive modeling, automated eligibility assessments, and any automated evaluations that may influence access to services or meaningful opportunities.
Businesses must provide a clear and easy way for consumers to decline certain forms of processing. This may include labeled links, preference centers, or other tools that allow individuals to submit opt-out choices without unnecessary steps.
No. Opt-out rights apply only to specific categories of automated evaluations that may meaningfully affect individuals. Other automated features, such as functionality, security, or basic analytics, may continue without affecting consumer rights.
Yes. When automated evaluations influence an individual’s experience or opportunities, consumers may request meaningful information about how the automated logic works, what data categories were used, and how the evaluation contributes to an outcome.
If targeted advertising relies on profiling or behavioral predictions that influence an individual’s experience, opt-out rights may limit how personal information is used to build audiences or tailor content.
When an automated evaluation influences eligibility, pricing, or access, businesses may provide human review or alternative processes that do not rely solely on automated logic.
Businesses subject to California’s privacy requirements must support these rights when their processing activities fall within the applicable categories.
Yes. When automated logic may meaningfully affect individuals, businesses must describe the purpose of the automated evaluation, the data used, and the choices available.
They can, depending on how personalized experiences are generated. If personalization is driven by predictive or behavioral profiling that affects important outcomes, opt-out rights may apply.