NIST 800-53 REV 5 • PERSONALLY IDENTIFIABLE INFORMATION PROCESSING AND TRANSPARENCY
PT-4 — Consent
Implement {{ insert: param, pt-04_odp }} for individuals to consent to the processing of their personally identifiable information prior to its collection that facilitate individuals’ informed decision-making.
Supplemental Guidance
Consent allows individuals to participate in making decisions about the processing of their information and transfers some of the risk that arises from the processing of personally identifiable information from the organization to an individual. Consent may be required by applicable laws, executive orders, directives, regulations, policies, standards, or guidelines. Otherwise, when selecting consent as a control, organizations consider whether individuals can be reasonably expected to understand and accept the privacy risks that arise from their authorization. Organizations consider whether other controls may more effectively mitigate privacy risk either alone or in conjunction with consent. Organizations also consider any demographic or contextual factors that may influence the understanding or behavior of individuals with respect to the processing carried out by the system or organization. When soliciting consent from individuals, organizations consider the appropriate mechanism for obtaining consent, including the type of consent (e.g., opt-in, opt-out), how to properly authenticate and identity proof individuals and how to obtain consent through electronic means. In addition, organizations consider providing a mechanism for individuals to revoke consent once it has been provided, as appropriate. Finally, organizations consider usability factors to help individuals understand the risks being accepted when providing consent, including the use of plain language and avoiding technical jargon.
Practitioner Notes
When consent is your legal basis for processing PII, you must obtain it properly — clearly, voluntarily, and before you start processing. People need to understand what they are consenting to.
Example 1: Design consent forms that use plain language and clearly state what data you are collecting, why, who will have access, how long you will keep it, and how to withdraw consent. Avoid pre-checked boxes or confusing double negatives. Store consent records with a timestamp.
Example 2: For web-based services, implement a consent management platform (like OneTrust or Cookiebot) that records each user's consent choices, allows them to update preferences at any time, and provides an audit trail showing exactly what each person consented to and when.