As mandatory AIDS and HIV reporting becomes the norm, concerns are mounting about "accidental" or otherwise breach of confidentiality of medical records of those persons with HIV/AIDS. Disclosure to the public of this condition may be devastating to an individual and many states have now adopted legislation that specifically protects confidential medical records. The level of protection offered by these rules however has yet to be determined.
Of importance to health educators and communicators, however, is to what extent the courts will hold them liable for the disclosure of private facts about a person's HIV status. Disclosure of private medical information about a person's HIV status in publications often leads to invasion of privacy lawsuits. This paper will focus on one specific area of the tort of invasion of privacy: publication of private facts.
The purpose of this paper is to determine how the courts have responded to public disclosure claims against the media, health educators and communicators, in cases involving persons with HIV or AIDS. It will briefly review the background of the public disclosure of private facts tort. It will assess what the legal scholars have said about public disclosure of private HIV facts claims. The paper will examine the defenses used by defendants and will discuss and make recommendations to health educators and communicators, based on the courts finding and rationales in those cases involving HIV/AIDS plantiffs.
Learning Objectives: At the conclusion of the session, the participants will be able to : 1. Identify situations for potential lawsuits involving the publication and disclosure of information regarding a person's HIV status. 2. List three steps that need to be taken to protect the confidentiality of HIV positive educators and outreach workers
Keywords: Communication, Media
Presenting author's disclosure statement:
Organization/institution whose products or services will be discussed: N/A
I do not have any significant financial interest/arrangement or affiliation with any organization/institution whose products or services are being discussed in this session.