Under the opt-out system for organ donation, every citizen is considered a potential donor unless they have explicitly objected to organ removal. But is this system compatible with the right of self-determination? So far, the legal and political debate has failed to recognise that one of the fundamental prerequisites for making self-determined decisions is having sufficient knowledge of the subject. Without an awareness of all the circumstances and conditions surrounding organ removal, individuals cannot make a free and informed decision about consenting to or objecting to the procedure. Before introducing an opt-out system, people must be given unbiased information about the concept of 'brain death'. Since everyone is considered a potential organ donor, everyone must be informed. However, this is not the case. The official information on organ donation ignores legitimate criticism of the concept of 'brain death' and presents the legal situation incompletely. A fundamental prerequisite for introducing the opt-out system is therefore lacking. Imposing an opt-out obligation while providing inadequate information infringes the right to self-determination unjustifiably.