One issue that I see with an "opt in" function is that similar to many services online, people might accidentally opt in. While most people wouldn't willingly opt in, I've accidentally opted into something like "email newsletters" by accident because I didn't read carefully or I was in a hurry. While I realize that this is a completely different situation, many could make the same mistake and unintentionally opt in. I also think that adding the clause that the data would go to a third party wouldn't be enough. Because not only will the third party have the information, but they could potentially sell it to others.
I never really thought of how much liability the data holder would have. I agree completely with the indecency of it. And there are so many instances in our lives where we do just throw data into the wind without really truthfully knowing who has our information. I'm just as guilty being active on social media and I also use a lot of online payment functions. (Knock on wood) So far my data has been protected, but I wonder how many times I was close to getting my information stolen or compromised? I would hope that the companies that I am entrusting my information to are taking as much care to protect my personal information.
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