How do "active" and "passive" consent differ?

Active consent and passive consent differ fundamentally in how agreement is established. Active consent requires a clear and affirmative action from the individual, meaning that the person must explicitly agree to terms or actions, such as clicking a button to accept terms of service or signing a document. This form of consent is critical in privacy legislation as it ensures that individuals are fully informed and voluntarily participating.

On the other hand, passive consent implies agreement through inaction or a lack of response. This means that if an individual does not opt out or take steps to decline, their consent is interpreted as given. However, passive consent may present challenges regarding whether individuals truly understand or are aware of their consent being assumed, emphasizing the need for transparency and clarity in consent processes.

The other options do not accurately capture the essence of active versus passive consent, as they either restrict definitions to specific formats (verbal or written) or suggest limitations related to the permanence or medium of the consent that are not relevant to the core distinction between the types of consent.