1.2.16 Capturing informed consent from worker for digital communication (email and SMS)

WorkSafe’s privacy statement explains WorkSafe’s position on collecting, handling and disclosure of personal and health information in relation to a claim. Informed consent must be obtained from the worker when it relates to the transmission of an injured workers personal and health information / correspondence via email and SMS.

Agent process to capture digital consent
  1. When registering a new claim

The claim form (from September 2019) contains information for worker to make an informed decision relating to the privacy risks associated with electronic transmission of personal and health related information. It also includes an option (yes or no) for the worker to consent to WorkSafe and its Agents transmitting digital information to them via their nominated email and SMS details.

If the claim form does not identify the workers’ consent preference (eg. Left blank or Form is prior to September 2019 and does not contain the consent option), the Agent is to seek the workers’ consent during their initial contact with the worker, via telephone or email.

The privacy statement and policy highlights important information that must be conveyed to explain the benefits and risks associated with communication via email and SMS.

  1. For an existing claim

Where consent has not been previously obtained, should the need arise to communicate with the worker via email and SMS, the Agent must first obtain consent via telephone or email, at the earliest opportunity and prior to transmitting digital information to the worker.

The privacy statement and policy highlights important information that must be conveyed to explain the benefits and risks associated with communication via email and SMS.

  1. Change of digital consent preference

The worker may revoke or add their consent at any stage. The Agent must override the previous yes or no status in ACCtion with the workers’ most recent consent preference.

See: Recording change to consent preference on ACCtion.

Recording digital consent
Worker digital consent preference Recording consent Future correspondence
Worker consents to communicate via email and SMS ("Yes")

Digital consent field to be recorded as Y ("Yes") in ACCtion CM01.

 Personal and health information in relation to the claim may be sent by email and SMS.
Worker does NOT consent to communicate via email and SMS ("No")

Digital consent field to be recorded as N ("No") in ACCtion CM01.

 Personal and health information in relation to the claim sent by post and phone if appropriate.
Worker does not provide a preference for consent to communicate via email and SMS Digital consent field in ACCtion CM01 is left blank. Digital consent must be obtained at future opportunity if email and SMS is to be used for transmitting personal and health information in relation to claim.

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