Best Practices for Gathering Informed Consent

Office of the Saskatchewan Information and Privacy Commissioner. Best Practices for Gathering Informed Consent and the Content of Consent Forms. Effective January 2018. 3 Improper behavior on the part of employees is not uncommon when it comes to the use of consent forms. Organizations should ensure its employees do not pressure, coerce or threaten individuals into agreeing to sign consent forms. Consider training, written policies and procedures and enforcement mechanisms. The Content of Consent Forms The following are some best practices for the content of consent forms: 1. Ensure consent forms are time limited. Consent is not intended to be indefinite for the collection, use and/or disclosure of PI or PHI. Consent forms should have a beginning and end date which covers the amount of time that the consent remains valid and is actually needed by the organization. Research has shown that consent forms with definite expiration dates (6 months or less) are more likely to be signed by individuals. They are less likely to be comfortable signing it if the expiration is ambiguous.1 2. Ensure consent forms are information specific (data minimization /avoid overcollection). The consent form should outline the specific types of PI or PHI that is being collected, used and/or disclosed. This assists in reducing risks such as over-collection. Organizations should collect, use and/or disclose the least amount of PI or PHI necessary for the purpose. To ensure this, organizations should know prior to the collection, use and/or disclosure what is needed. For example, if an individual’s medical information is needed, the consent form should be specific as to what type of information is being collected, used and/or disclosed. Rather than “the entire medical record” it could state “only psychological assessments, physical assessments and medication history.” 3. Consent forms should be signed by both the individual and the employee presenting the consent form. To ensure authenticity, consent forms should be signed by both parties to the consent form. It is important that the employee of the organization also sign as they are responsible for having properly acquired the consent should problems arise. 1 Bolcic-Jankovic, Dragana et al. 2007. “Do Characteristics of Consent Forms Affect the Response Rate?” Center for Survey Research, University of Massachusetts: Boston.

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