ITPEC IP April 2023 Question 86

Which of the following shows a method that adheres to compliance, and sends advertisement e-mails and collects personal information only to/from the users who provided an explicit agreement in advance?

Explanation

Opt-in — sending advertising e-mail or collecting personal information only from users who explicitly agreed in advance.

Under opt-in the default is no: nothing is sent and no data is collected until the user actively consents, for example by ticking an unticked box when registering. Laws on commercial e-mail and on personal information commonly require this prior consent, so a company that works by opt-in stays compliant. Opt-out is the reverse: the activity starts by default and continues until the user asks to stop.

Answer (c)

Why not others:

  • •(a) Activation — enabling purchased software or a service, for example by entering a licence key; it has nothing to do with the user's consent
  • •(b) Opt-out — mail is sent and data collected without prior agreement, and the user has to refuse to stop it; the question requires agreement in advance
  • •(d) Whitelist — a list of senders, sites or programs that are allowed through, as in a spam filter; it controls what is accepted, not whether the recipient agreed

Key rule: Opt-in means no until the user says yes; opt-out means yes until the user says no. Rules protecting recipients and personal data generally demand opt-in.

Legal Affairs · AI-written, may contain errors

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