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AIDS Service Organizations protecting the confidentiality of someone who is a habitual infector? |
Here's the background: A little more info: There are laws in this state that state that HIV positive people must inform their sexual partners. He was arrested for intentional exposure to HIV. His information was released because he admitted his status in another police report, they didnt get this info from his medical records. My question is more related to the fact that the Service Organization is persuing the legal action for this man and he and I are both clients of this organization. I dont understand how they can even get involved or search for legal advice in this case. They certaninly didnt get involved in trying to stop this monster after he infected the second or third or fourth or even fifth woman. I hate people like that guy. You aren't from Washington are you? I remember hearing about a case like this in Washington with a guy named Anthony Whitfield in 2004. Wow. I am really sorry this happened to you, what a scumbag! Unfortunately, in this case, the privacy act comes into play. Understand the privacy act is a good thing in 99% of all cases it is related to. Unfortunately this case is not one of them. The HIV infected man and the AIDS organization have a bonafide case unless there is a law in your state that says a person infected with HIV must inform all potential sex partners he/she may have sex with. This law trumps the privacy act. The privacy act is enforced on any organization that accepts federal funding. Does your AIDS organization accept federal funds? HIV status is protected under the law, with the stigma attached to being positive would you really want some news channel flashing your name and photo all over the place? What's he's doing is wrong and is equivalent to murder (since you and the others will be killed by his disease). Some states are prosecuting it as such, or assault with a deadly weapon. This guy belongs in jail (see if you can get him civilly committed as a danger to society) but it was wrong to release his info and it is illegal to do so. |
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