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Consent is a Process, not (Just) a Form

When it comes to ethical storytelling for nonprofits, “consent” has become a buzzword. Nearly every article on the topic of ethical storytelling mentions the need for “informed consent,” yet few go to the trouble of defining what exactly that means, why we need it, or how it can get operationalized. In this article, I’m going to do that. But if you’re in a hurry, here is the main takeaway: 

Consent is not the form people sign so that you can use their picture or tell their story. Consent is an ongoing process that begins long before you hand out a form and continues long after it’s signed.

In this article, I’m going to be talking about that entire process and highlight the many aspects to consent.

The other day I was buying something online, and the website said that I would get 10% off if I gave them my phone number and opted in to text messages. So, I did. The next day I started to receive texts from this company almost every 10 minutes. I immediately opted out.

Giving me the chance to opt out is both required by law and part of how that company negotiates its relationship to its customers. I am in control at all times of the messaging I receive.

We give our donors that control, right? We ask them how they want to be engaged through email, text, phone, and mail.

But what about our clients?

Neary every week I come across media consent forms that say, “Your consent is irrevocable.”

What?! Why on earth is that the case?

Because we nonprofit staff are busy and don’t have time to take client photos off the website if they decide they don’t want them on there? It stands to reason that if we have the time to put a photo on our website, we have the time to take it down.

Now, we do have to be honest with clients that once something is printed and mailed, we can’t recall it and chase down every printed copy. Once something is on social media, we can delete the post but can’t control whether someone else screen grabbed it and reshared it.

But yes, we can take your image off our website.

Yes, we can stop using your story if you change your mind later on.

And here we have gotten to the very heart of what consent is all about – control. It’s giving people control over their own decisions in regard to their stories and images. It’s not about “empowering” people (who may already be very empowered), it’s not about avoiding a lawsuit (because in some places such laws are not enforced), and it’s not even about “doing the right thing” (whose definition of “right” are we talking about?). What consent is really all about is giving people the control they need in order to ensure their story is told in way they want it told – not the way we want our own stories told – (if you’re confused, see this article).

One form of exploitation I commonly point out is when nonprofits treat their donors better than their clients. Why would we allow our donors to change their minds about something, and not allow that of our clients? Why are we ok with taking detailed notes on a donor’s communication preferences and recording them in the database, yet when a client makes a special request about their story or image it’s just too burdensome for us to handle? We need to take a hard look at that double standard and examine where consent shows up (or doesn’t show up) in every part of our process.

“Consent” in essence means coming to a voluntary agreement, as opposed to “permission,” which implies that one party holds authority over the other (we get permission from our bosses, but get consent from our peers).

Gaining consent implies first that a person has the capacity to give it. I’m not talking about what is legal: every state and every country has different criteria for the age at which a person can provide consent, what kind of guardians can provide consent, and whether an institution can act as a guardian to provide consent on behalf of an individual. I’m assuming you know and follow the laws where you do your work. For the purpose of this article, I am referring to capacity to consent as the ability to:

Source: Appelbaum PS. Assessment of patients’ competence to consent to treatment. The New England Journal of Medicine. 2007;357(18):1834–1840.

The “informed” part of “informed consent” can be harder to define. Referring back to Applebaum’s definition, I believe that action #4 – communicating a choice – is the sole responsibility of the client. The client must communicate a choice. However, actions #1, 2, and 3 – conveying relevant information, consequences, and available options – are the responsibility of the nonprofit. So, to me, “informed” means:

1. We tell the client how their story or image will be used.

I don’t mean we tell them about every single tweet. We can’t possibly know that detail at the time of the interview. But we can say, “This will be used in fundraising communications, and may appear on our website, social media accounts, and in digital and printed communications to our audiences.” If you can be more specific, then do so. 

2. We tell them what reasonable consequences to expect (and not expect)

This is where we mention that we can’t recall a mailed letter, and that once it’s on social media… it’s out there. If the client has concerns for privacy, this is where we talk about protecting their identity with pseudonyms, non-identifying photos, etc. You can create some boilerplate language for a form, but the consequences and concerns can be unique to the individual, so this is best done as a conversation.

We do also sometimes need to tell people that there are no additional resources or benefits offered for sharing their stories. We may pay a stipend to our story contributors, but they will not receive a percentage of funds raised or special program services. Most will know this, but sometimes it needs to be said.

3. We tell the client that they have options

Their options are:

There you have it. Informed consent.

There are many ways nonprofits can operationalize informed consent. Not all of these ideas will be feasible at your organization, so incorporate what you can when you can.

Before the interview:

During the Interview:

After the Interview:

I hope you enjoyed taking a deep dive into the topic of consent and found new tangible ways to apply this at your organization. For more like this, please subscribe to my bi-monthly (that’s once every two months) newsletter.

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