Amendment ID: S2608-38

Amendment 38

Controller Option to use Opt-in

Ms. Edwards moves that the proposed new draft be amended by inserting in after section 5, in line 454 the following section:

"Section X(a) A controller may:

(i) In context of the use of information for marketing, scientific or historical research purposes, and statistical purposes, not be prohibited from facilitating an offer to a consumer to have the right to opt-in under the regulations provided by the European Union General Data Protection Regulation.

(ii) When providing the right to opt-in, the controller may offer the consumer the right to object on grounds relating to their particular situation, at the time of processing of personal data concerning them including profiling based on said data.

(iii) The right given by the controller to opt-in shall begin at the time of the first communication with the data subject and shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.

(iv) Consent to opt-in by the consumer must be an unambiguous indication of the consumers' wishes by which the consumer, by a statement or clear affirmative action, signifies agreement to the processing of personal data related to them.

(v) The controller shall bear the burden of providing the delivery of the opt-in right."