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The agreement provides an opt-out mechanism through the Privacy Dashboard for profiling activities that produce legal or similarly significant effects, defining profiling as automated processing to evaluate or predict aspects including economic situation, health, reliability, behavior, and location.
This analysis describes what T-Mobile's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a consumer opt-out right for profiling that produces legal or similarly significant effects, consistent with emerging state privacy law requirements for automated decision-making, and signals that T-Mobile engages in or anticipates engaging in such profiling activities.
Interpretive note: The provision's qualifier 'certain kinds of profiling that we might do in the future' creates ambiguity about which current automated processing activities are within the opt-out scope, and the definition of 'legal or similarly significant effects' may vary by jurisdiction.
Under this clause, consumers may opt out of profiling used for decisions with legal or similarly significant effects by visiting T-Mobile's Privacy Dashboard. The agreement uses the qualifier 'certain kinds of profiling that we might do in the future,' indicating the opt-out scope is prospective and may not cover all current automated data processing activities.
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"You can tell us not to use your personal data for certain kinds of 'profiling' that we might do in the future by visiting our Privacy Dashboard to opt out. 'Profiling' is a specific type of activity under certain privacy laws and generally refers to the automated processing of personal data to evaluate, analyze, or predict certain personal aspects about your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. You can opt out of having profiling used for future decisions that produce legal or similarly significant effects on you.Excerpt from T-Mobile's Privacy Policy
1) REGULATORY LANDSCAPE: This provision engages state comprehensive privacy laws including California's CCPA automated decision-making rulemaking, Colorado's CPA, and Connecticut's CTDPA, which impose opt-out rights for profiling used in decisions with legal or similarly significant effects. The EU AI Act and GDPR Article 22 establish analogous rights for EU residents, though this notice does not appear to directly address EU residents. The FTC Act applies as a general framework. 2) GOVERNANCE EXPOSURE: Medium. The phrase 'certain kinds of profiling that we might do in the future' creates ambiguity about which current profiling activities are covered by the opt-out and which are not. Compliance teams should assess whether current automated scoring, interest modeling, credit eligibility determination, and fraud risk scoring fall within the scope of the opt-out or are excluded. 3) JURISDICTION FLAGS: California, Colorado, and Connecticut impose opt-out requirements for profiling with significant effects that may have different definitional scope than the provision's language. Colorado's CPA and the CPPA's automated decision-making rules should be assessed for alignment with T-Mobile's current opt-out scope. Illinois and other states with emerging AI governance requirements should be monitored. 4) CONTRACT AND VENDOR IMPLICATIONS: Third-party vendors performing automated decision-making or profiling on T-Mobile's behalf should be assessed for compliance with opt-out signal transmission requirements. Vendor contracts should specify that opt-out preferences are honored in automated scoring and modeling activities. 5) COMPLIANCE CONSIDERATIONS: Compliance teams should map current automated processing activities against the profiling definition in this provision to determine which activities are covered by the opt-out and which are not. The CPPA's ongoing rulemaking on automated decision-making should be monitored for alignment with the current opt-out mechanism. Documentation of the technical implementation of profiling opt-outs and the categories of decisions affected should be maintained.
This provision establishes a consumer opt-out right for profiling that produces legal or similarly significant effects, consistent with emerging state privacy law requirements for automated decision-making, and signals that T-Mobile engages in or anticipates engaging in such profiling activities.
Under this clause, consumers may opt out of profiling used for decisions with legal or similarly significant effects by visiting T-Mobile's Privacy Dashboard. The agreement uses the qualifier 'certain kinds of profiling that we might do in the future,' indicating the opt-out scope is prospective and may not cover all current automated data processing activities.
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