Guide to FOIP-Chapter 6

Office of the Saskatchewan Information and Privacy Commissioner. Guide to FOIP, Chapter 6, Protection of Privacy. Updated 27 February 2023. 29 threaten individuals into agreeing to sign consent forms. Consider training, written policies and procedures and enforcement mechanisms.68 Meaningful consent means that an individual is empowered to make an informed decision about whether they wish to provide their consent or not when it comes to the collection, use and disclosure of their personal information. Best Practice Steps for Consent Forms The following information has been reproduced from IPC resource, Best Practices for Gathering Informed Consent and the Content of Consent Forms available at https://oipc.sk.ca. For more detailed information, please refer to that resource. 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 personal information. 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.69 2. Ensure consent forms are information specific (data minimization /avoid overcollection). The consent form should outline the specific types of personal information that is being collected, used and/or disclosed. This assists in reducing risks such as overcollection. Organizations should collect, use and/or disclose the least amount of personal information 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”. 68 SK OIPC resource, Best Practices for Gathering Informed Consent and the Content of Consent Forms available at Best Practices for Gathering Informed Consent and the Content of Consent Forms (oipc.sk.ca) at p. 2. 69 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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