Read this notice:
Our website uses cookies. Cookies allow us to identify the computer or device you’re using to access the site, but they don’t identify you personally. For instructions on setting your Web browser to refuse cookies, click here.
What type of legal choice does not notice provide?
The notice about cookies does not provide an opt-in choice. An opt-in approach requires users to take an affirmative action to give consent, such as ticking a box. The notice only mentions how to refuse cookies (opt-out) and does not provide an option to actively agree to the use of cookies (opt-in). Thus, the legal choice not provided in the notice is the opt-in.
Answer is D. Opt-out is discussed in "Choice" in IAPP TEXT 2.3.2. Only 2 choices based on the text: Opt-In and Opt-Out. Consent is implied if you do not choose to opt-out, but that's not the question.
What type of legal choice DOES NOT notice provide? The term opt-in means an affirmative indication of choice based on an express act of the person giving the consent. For example, a person opts in if they say yes when asked, “May we share your information?” Failure to answer would result in the information not being shared.
Seems the answer should be C. C and D are mutually exclusive, and B and D are largely the same.
I say D because of the term used in the question "Legal Choice". B could work, but I wouldn't consider it the "legal" choice, it is more of the decision made by the website if you dont take action to refuse cookies.