EPIC Provides Feedback to Colo. AG on Possible Universal Opt-Out Mechanisms
December 12, 2023
In comments filed December 11, EPIC urged the Colorado Attorney General and Department of Law to approve use of Global Privacy Control (GPC) as a Universal Opt-Out Mechanism (UOOM) under the Colorado Privacy Act in advance of the Department’s January 1 deadline, to gather more information about OptOutCode for possible future approval as a UOOM, and to deny approval of The Opt-Out Machine for use as a UOOM.
EPIC also highlighted issues the Department should consider when reviewing all three applications, including: (1) navigating multiple approved UOOMs, (2) how companies should be expected to respond to one consumer using multiple devices, browsers, etc. with different opt-out signals or respond to one consumer changing their opt-out preference back and forth, and (3) clarifying the maximum frequency with which companies can request consent to be whitelisted despite an opt-out signal and prohibiting companies from attempting to obtain consent to be whitelisted via a different company’s website, service, etc.