Confidentiality and Disclosure
This category covers state and federal laws that protect the confidentiality of HIV-related information, the rights and obligations of people with HIV with respect to disclosure of their HIV status in various settings, the importance of privacy and confidentiality guarantees to health care and prevention programs, and possible legal actions when an unauthorized disclosure of an individual’s HIV-related information occurs.
How to Litigate an HIV Confidentiality Case, Slide Presentation, Legal Action Center
This training presentation was prepared for New York attorneys representing individuals who have suffered a violation of their HIV privacy rights. While much of the training focuses on the substantive legal protections under New York law, substantial sections do focus on issues relevant to an HIV confidentiality case in any jurisdiction. Click here to download.
Information on confidentiality and security of HIV information.
Doe v. Division of Youth & Family Svcs., Amended Complaint
This complaint was filed on behalf of a woman who was tested for HIV during her pregnancy without her consent, followed by the unauthorized disclosure of her positive HIV serostatus, the involvement of state child protective services, and the forced antiretroviral treatment and temporary removal of her newborn infant. Although based in part on New Jersey law, the complaint provides a useful template for advocates representing parents whose difficulties or disagreements with health care providers result in the involvement of child protective services and challenges to their fitness as parents. The complaint’s state law claims could easily be adapted to meet the requirements of other state laws. Click here to download.