Abstract:
A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled that once a person discloses his or her HIV status in the public domain, the information is no longer private. This ruling settles a lawsuit filed by John and Jane Doe. Mr. Doe, sentenced to 6 months in jail, persuaded the sentencing judge to grant him medical leave to attend to his worsening symptoms of HIV disease. His case worker told the deputy health commissioner for the city of Warren, OH, that Doe threatened to infect other women. The commissioner began a successful media crusade to reveal Doe's intentions and identity. The Does' suit against their caseworker and other city officials claimed that their lives were harmed by the disclosure of Mr. Doe's identity and HIV status. The court ruled that Doe's disclosure of his HIV status in court was voluntary; he could have submitted his status by sealed affidavit; and he could have asked the sentencing judge to his keep medical information confidential. It was determined that the defendants could not be held liable for breaching information that was already in the public domain.
Keywords: Confidentiality/LEGISLATION & JURISPRUD Criminal Law Female *HIV Seropositivity Human Male Ohio Privacy/*LEGISLATION & JURISPRUD Truth Disclosure NEWSLETTER ARTICLE 961230
M96C1431
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