HIV/AIDS: An intersection between public health and data protection laws
Abstract views: 107
/ 
PDF downloads: 19
Keywords:
HIV/AIDS ACT, CONFIDENTIALITY, INFORMED CONSENT, DATA PROTECTION, DIGITAL HEALTH TECHNOLOGIES, PRIVACY BY DESIGNAbstract
This research paper delves into the critical intersection of HIV/AIDS, human rights, and public health strategies. It presents the conundrum of AIDS which lies in the counterintuitive notion that safeguarding the rights of vulnerable populations, rather than isolation, is pivotal for effective HIV control. Upholding confidentiality emerges as a lynchpin in this approach, protecting individual’s rights to privacy and empowering them to disclose their HIV positive status to their partners which ultimately benefits public health. Further the paper discusses the negative effects of involuntary disclosure of HIV positive status resulting in severe consequences for individuals, from denial of opportunities to social stigmatization. These negative effects highlight the necessity of adopting a rights-based, confidential approach in the global fight against HIV/AIDS. Further this paper sheds light on the provisions of HIV/AIDS Act, 2017, emphasizing its role in balancing the public interests and confidentiality. It outlines provisions for partner notifications, responsibilities of those in close contact with HIV positive individuals and establishes a grievance redressal mechanism. The research paper also addresses concerns regarding the confidentiality of health data of patients in the digital age, emphasizing the need and requirement for precise legal frameworks.
References
Padma Chandrasekaran, Containing HIV/AIDS in India: the unfinished agenda, THE LANCELET, Aug. 2021.
Rajneesh Kumar Joshi, Determinants of consistently high HIV prevalence in Indian Districts: A multi-level analysis, PLOS ONE (May 7, 2019)
Jessica M. Perkins, Patterns and Distribution of HIV among adult men and women in India, PLOS ONE (May 21 2009)
Marissa Becker, Prevalence and determinants of HIV infection in South India: a heterogeneous, rural epidemic, AIDS (March 30, 2007).
Ranjan Roy, Measuring the Multidimensional Knowledge Deprivation of HIV/AIDS: A new approach with Indian Evidence its Magnitude and Determinants, JOURNAL OF BIOSOCIAL SCIENCE (July 15, 2011).
Robert Bollinger, The human Immunodeficiency Virus Epidemic in India: Current Magnitude and Future Projections, MEDICINE (March, 1995).
Stephanie Pappas, HIV laws that appear to do more harm than good, APA, Oct. 2018.
Smarajit Jana, Combating Human Trafficking in the Sex Trade: Can Sex Workers Do It Better? JOURNAL OF PUBLIC HEALTH, Dec. 2014.
Michael Kirby, Human Rights and the HIV Paradox, THE LANCELET, Nov. 1996.
Rachel Hajar, The Physician’s Oath: Historical Perspectives, HEART VIEWS, Dec. 2017.
Tarun Bathini, Two Years Since HIV and AIDS Act Was Notified, Govts Have Done Little to Implement It, THE WIRE, Sept. 10, 2020.
J.Simoni & K.Horvath, Opportunities and Challenges of Digital Technology for HIV Treatment and Prevention, CURRENT HIV/AIDS REPORTS, Sept. 2015.
Bernd Blobel, Authorisation and Access Control for Electronic Health Record Systems, INTERNATIONAL JOURNAL OF MEDICAL INFORMATICS, Jan. 2004.
Luc Rocher, L., Hendrickx, J.M. & de Montjoye, YA., Estimating the success of re-identifications in incomplete datasets using generative models, Nat Commun 10, 3069 (2019).
Sarthak Dogra, Took Covid Vaccine Using Aadhaar? Your National Health ID Has Been Created Without Your Permission, INDIA TODAY, May 24, 2021.
Aarti Dhir, HIV Treatment to be Linked to Aadhaar, THE HINDU Feb. 2, 2015.
Shruti Tomar, Linking Benefits for AIDS Patients to Aadhaar Triggers Privacy Concerns’, Hindustan Times, THE HINDUSTAN TIMES April 3, 2017.
Menaka Rao, Why Aadhaar Is Prompting HIV-Positive People to Drop Out of Treatment Programmes in India, SCROLL (Nov. 17, 2017), https://scroll.in/pulse/857656/across-india-hiv-positive-people-drop-out-of-treatment-programmes-as-centres-insist-on-aadhaar.
Additional Files
Published
Issue
Section
License
Copyright (c) 2022 International Journal of Medical Research
This work is licensed under a Creative Commons Attribution 4.0 International License.
All papers should be submitted electronically. All submitted manuscripts must be original work that is not under submission at another journal or under consideration for publication in another form, such as a monograph or chapter of a book. Authors of submitted papers are obligated not to submit their paper for publication elsewhere until an editorial decision is rendered on their submission. Further, authors of accepted papers are prohibited from publishing the results in other publications that appear before the paper is published in the Journal unless they receive approval for doing so from the Editor-In-Chief.
IJMR open access articles are licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. This license lets the audience to give appropriate credit, provide a link to the license, and indicate if changes were made and if they remix, transform, or build upon the material, they must distribute contributions under the same license as the original.
