[Med-privacy] Article on criminal law enforcement and confidentiality of HIV/AIDS info

Wed, 23 Feb 2005 14:52:08 -0500

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I thought my article (abstract below) in the current issue of the AIDS & =
Public Policy Journal might be of interest to readers of this list. In =
particular, one of the points I emphasize, which isn't limited to =
HIV/AIDS health care information, is that when it comes to law =
enforcement, there really is little if any confidentiality of health =
information.

Self-Incrimination, Partner Notification, and the Criminal Law: =
Negatives for the CDC's "Prevention for Positives" Initiative
David W. Webber
=20
      On 18 April 2003, the Centers for Disease Control and Prevention =
(CDC) announced a new HIV prevention initiative, "Prevention for =
Positives," which emphasizes partner-notification activities for =
individuals who have already been diagnosed with HIV. The CDC failed, =
however, to address significant criminal law issues that are presented =
by this initiative. The proposed partner notification activities involve =
patients' voluntary identification of contacts at risk for HIV =
transmission. But because all states have laws that make it a crime to =
knowingly expose another person to HIV, information provided by patients =
for partner-notification purposes is in most cases evidence of a crime. =
Little if any confidentiality protections prevent law enforcement =
officials from obtaining test results, records of counseling sessions, =
or similar information from the records of health or social service =
providers. Prevention for Positives thus exposes patients to an =
unacknowledged risk of criminal prosecution, which may severely inhibit =
future cooperation among those infected. This problem should be =
addressed by law and policy reforms, including enhanced confidentiality =
of partner-notification records and the availability of "use and =
derivative use" immunity that bars prosecution of patients based on the =
information they provide in partner-notification programs.

DAVID W. WEBBER, J.D.
Editor, AIDS and the Law (Aspen, 3d ed. 1997,=20
ISBN 0-471-13542-9) updated by 2004=20
cumulative supplement (ISBN 0-7355-4843-9)
dwwebber@critpath.org
www.AIDSandtheLaw.com

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<BODY bgColor=3D#ffffff background=3D"">I =
thought my article=20
(abstract below) in the current issue of the AIDS &amp; Public Policy =
Journal=20
might be of interest to readers of this list. In particular, one of the =
points I=20
emphasize, which isn't limited to HIV/AIDS health care information, is =
that when=20
it comes to law enforcement, there really is little if =
any&nbsp;confidentiality=20
of health information. Self-Incrimination, Partner Notification, =
and the=20
Criminal Law: Negatives for the CDC=92s =93Prevention for Positives=94=20
Initiative David W. =
Webber &nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 18=20
April 2003, the Centers for Disease Control and Prevention (CDC) =
announced a new=20
HIV prevention initiative, =93Prevention for Positives,=94 which =
emphasizes=20
partner-notification activities for individuals who have already been =
diagnosed=20
with HIV. The CDC failed, however, to address significant criminal law =
issues=20
that are presented by this initiative. The proposed partner notification =

activities involve patients=92 voluntary identification of contacts at =
risk for=20
HIV transmission. But because all states have laws that make it a crime =
to=20
knowingly expose another person to HIV, information provided by patients =
for=20
partner-notification purposes is in most cases evidence of a crime. =
Little if=20
any confidentiality protections prevent law enforcement officials from =
obtaining=20
test results, records of counseling sessions, or similar information =
from the=20
records of health or social service providers. Prevention for Positives =
thus=20
exposes patients to an unacknowledged risk of criminal prosecution, =
which may=20
severely inhibit future cooperation among those infected. This problem =
should be=20
addressed by law and policy reforms, including enhanced confidentiality =
of=20
partner-notification records and the availability of =93use and =
derivative use=94=20
immunity that bars prosecution of patients based on the information they =
provide=20
in partner-notification programs. DAVID W. WEBBER, =
J.D. Editor, AIDS=20
and the Law (Aspen, 3d ed. 1997, ISBN 0-471-13542-9) updated by 2004 =

<BR>cumulative supplement (ISBN=20
0-7355-4843-9)<BR>dwwebber@critpath.org<BR>www.AIDSandtheLaw.com<BR></FON=
T></BODY></HTML>

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