Legitimate interest can be opt-out but it’s definitely a dark pattern presenting the same processing under both options. It should be either one or the other.
It's not just a dark pattern, it's straight-up non-compliant.
Article 7 "Conditions for Consent," paragraph 2:
> If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters[...]
Most regulators have taken this to mean that requests for consent must be distinguished even from other noticies required by GDPR. I.e. it must be a separate request from the Privacy Notice itself.
Article 7 "Conditions for Consent," paragraph 2:
> If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters[...]
https://gdpr-info.eu/art-7-gdpr/
Most regulators have taken this to mean that requests for consent must be distinguished even from other noticies required by GDPR. I.e. it must be a separate request from the Privacy Notice itself.