Informed Consent for Digital Support Services: Anti-Violence Organization Template
A Note on Language
In this toolkit, we will sometimes use the word woman/women and feminine pronouns for simplicity and to recognize the significant impact technology-facilitated violence has on women and girls. We recognize that TFGBV also impacts trans, non-binary, and Two-Spirit people. We hope that all people impacted by TFGBV will find these documents useful.
Digital services have become useful tools to connect remotely and provide support to women experiencing violence. Digital support services refer to the use of technology-based tools such as online chat and text messaging, video calls and communications, mobile phones, and other mobile devices to provide support services to survivors.
Why Informed Consent for Digital Support Services is Important
Shelters and transition houses incorporating digital support services into their work must ensure that the use of technology complies with the existing privacy laws that govern their work. Privacy Acts typically:
- Govern how private sector organizations handle the personal information of their employees and the public
- Balance an individual’s right to privacy and an organization’s need to collect, use, or disclose personal information for reasonable purposes
- Use the “reasonable person standard” in deciding whether an organization has met its statutory duty, which means that a reasonable person would think the action is appropriate under the circumstances
- Provide guidance for what to do if there is a privacy breach, investigation options, and potential penalties
In addition to provincial laws, the federal privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), applies to private sector entities across Canada involved in commercial activities, federally regulated organizations, and businesses, and governs the use and disclosure of personal information for these entities.
Whether your organization follows provincial or federal privacy laws, typically they both share the same basic principles that apply to the use of digital service platforms: accountability; identifying the purposes for the information sharing; informed consent; limiting collection and use, disclosure, and retention; accuracy; privacy safeguards; transparency; and individual’s access.
Obtaining informed consent is a meaningful part of the intake process for survivors. Privacy laws require that survivors provide informed consent to the organization to allow it to collect personal information needed to offer relevant support.
If digital services are being used to provide support to survivors, in order to obtain informed consent, organizations must provide information about:
- The digital tools/services that are being used to support the survivor
- Any digital tools/services that participants must have access to in order to connect
- Any potential risks with using the digital tools/services, including the company’s collection of any personal information
As part of the informed consent process, it may also be helpful to share information with survivors about how to use the various digital tools/services. Section 2 of this toolkit includes digital service provision information sheets that will assist with these conversations.
This document provides a template for informed consent for digital services that your organization can review and revise to meet your needs. It would be an addendum to your existing informed consent forms.
When creating organization-specific forms, please note:
- This template is an add-on (not a replacement) to existing informed consent forms
- This template does not include key language around the collection of personal information by your organization
- The language may need to be adapted for caregivers to sign on behalf of their minor child
Once you have decided on the digital services platform your organization will use, it is recommended that you review the privacy policies of the third-party vendors and determine what information should be added to your existing informed consent forms to comply with all relevant privacy laws.
Please note: All phrases in orange are areas for the organization to revise to reflect their organization and the relevant technology.
To support your development of safe tech use policies, WSC has developed a Use of Technology Policy Template Guide for Women’s Shelters and Transition Houses (PDF, in English only).
Technology-Facilitated Gender-Based Violence (TFGBV) is part of a continuum of violence that can be both online and in-person. If you or someone you know is experiencing TFGBV, you are not alone. You can use sheltersafe.ca to find a shelter/transition house near you to discuss options and create a safety plan. You don’t need to stay in a shelter to access free, confidential services and support.
Adapted for Canada with permission from BCSTH’s Technology Safety Project, based on their resource PEACE Organization Informed Consent for Digital Support Services Template.