The Collection and Disclosure of HIV/AIDS Information: A Study of American Law
The HIV Infection Control and Patient Rights Protection Act (“HIV/AIDS Act”) of Taiwan stipulates that people living with HIV have the obligation to disclose their state of infection to the medical staffs. The disclosure obligation often leaves the infected patients to the risk of unfair of medical treatment. Based on the characteristics of medical services and the occupational safety, the HIV/ AIDS information is necessary information for the medical staffs. Given this dilemma, this article takes a comparative approach by referring to the robust regulation and jurisprudence on the protection of HIV/AIDS information in the US law and further examining the law of Taiwan. This article reaches the following conclusions: the patient’s disclosure obligation of the Section 1, Article 12 of the HIV/AIDS Act should be removed; the exemptions of the disclosure obligation of Article 14 should be amended; moreover, in order to protect the infected patient’s privacy and to promote medical safety, the requirement of authorizing a just third party to evaluate the use of information should also added to the law.