AI Policy, Law & Safety · AI Privacy & Data

What is the difference between opt in and opt out consent for ai data use

Opt-in consent requires a user to actively agree before their data can be used for a purpose like AI training, while opt-out consent assumes agreement by default unless a user actively takes action to decline, and this distinction significantly affects how much data companies actually collect since far fewer users take action under either model than remain at the default setting.

Key takeaways

Opt-in requires active agreement before data use begins; opt-out assumes agreement by default.
Far fewer users take action under either model than remain passively at the default setting.
This makes the choice of default enormously consequential for how much data is actually collected.
Different jurisdictions and regulations mandate different defaults for different data use categories.

Defining the Two Models

Opt-in consent requires a user to take an active, affirmative step to agree before their data can be used for a specific purpose, such as training an AI model, while opt-out consent assumes a user’s agreement by default, requiring them instead to take active steps to decline if they don’t want their data used that way.

Why the Choice of Default Matters Enormously

This distinction matters enormously in practice because a well-documented behavioral pattern shows that relatively few users take the extra step to change a default setting, regardless of which direction that default points — meaning an opt-out model covering a given data use will typically see considerably higher participation than an opt-in model covering the identical use.

How This Plays Out in Real AI Data Practices

Because of this behavioral reality, whether a company defaults new users into having their conversation data used for AI training (opt-out) or requires them to actively agree first (opt-in) has a direct, measurable effect on how much user data ultimately gets used, independent of how many people would genuinely prefer either outcome if asked directly.

Regulatory Approaches to Mandating Defaults

Different jurisdictions and specific privacy regulations mandate different default requirements for different categories of data use, with some regulations, particularly in the European Union, generally favoring opt-in requirements for more sensitive data uses, while other jurisdictions permit opt-out defaults more broadly across a wider range of use cases.

What This Means for Users Navigating AI Products

Given how consequential the default setting actually is, users genuinely interested in controlling how their data is used are generally well-served by actively reviewing a product’s privacy settings directly, rather than assuming the default setting reflects what they would have actively chosen if given a clear, upfront choice.

Bottom Line

Opt-in and opt-out consent differ in which direction the default points, and because relatively few users actively change a default setting either way, this seemingly small distinction has an outsized, measurable effect on how much personal data actually gets used for purposes like AI training in practice.

Go deeper

Frequently asked questions

Does opt-out consent mean users have no real choice?

Users generally retain the ability to actively decline under an opt-out model, but because relatively few people take the extra step to change a default setting, opt-out models in practice tend to result in considerably higher participation rates than opt-in models covering the same use case.

Sources

[1]AI standards and risk framework research — National Institute of Standards and Technology
[2]European digital policy and regulation — European Commission

Written by Editorial Team

Last updated July 30, 2026

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