Explicit Consent
Explicit consent is an opt-in rule requiring active registration for organ donation, but many supporters fail to register due to inertia, procrastination, or limited attention, so opt-in may not reflect true preferences.
THE IDEA
Explicit Consent
Presumed consent is an opt-out rule. The obvious alternative is to adopt some kind of opt-in rule, the most common being what is called an explicit (or informed) consent rule, meaning that people have to take some concrete steps to state that they want to be donors. Typically this now means joining an online registry of willing donors. It is clear that many people who say they are willing to donate organs nevertheless fail to take the necessary steps. The gap matters when interpreting nonregistration as a preference not to donate.
For example, according to a Gallup poll cited by Thaler and Sunstein, more than 90 percent of Americans said they supported or strongly supported the donation of organs for transplant, but only 55 percent said they had registered as donors.13 True, it is possible that people do not quite tell the truth in surveys, but it is also possible that people have limited attention, suffer from inertia, and procrastinate, and that the concrete steps necessary to register as an organ donor are deterring would-be donors from doing so. If so, an opt-in approach may not reflect how Potential Donors would answer if they focused on the question, were properly informed, had appropriate trust that being a willing donor would not adversely affect their treatment in a hospital, and did not procrastinate. If an opt-in approach is “unadorned”—if it is not supplemented in some way—then it really is not very good from the standpoint of capturing the true preferences of Potential Donors. Perhaps they need a nudge.
When to use it
Evaluating the effectiveness of organ donation registration systems.
Designing public policy to align default options with population preferences.
Understanding the gap between survey responses and actual behavior in health campaigns.
Comparing consent mechanisms across domains while checking the information, active consent, and protections each domain requires.
FROM THEORY TO EVERYDAY LIFE
In practice
Gallup Poll on Organ Donation
In a Gallup poll cited by Thaler and Sunstein, over 90% of Americans said they supported organ donation, but only 55% said they had registered as donors. Inertia or procrastination could contribute to the gap, but the figures alone do not establish why respondents had not registered.
Unregistered Supporter
Consider someone who fully intends to become an organ donor but never gets around to signing up online because the process is inconvenient or they keep forgetting. Despite their genuine support, they remain non-donors under an explicit consent system.
A MOMENT TO REFLECT
Put it to work.
Why might someone who supports organ donation fail to register as a donor?
How does the design of consent rules (opt-in vs. opt-out) affect the number of registered donors?
What nudges could be implemented to increase opt-in rates without compromising autonomy?
Often confused with
CONTINUE THE CONVERSATION
Source texts
- Nudge The Final Edition (Richard H. Thaler Cass R. Sunstein)