HIV/AIDS: An intersection between public health and data protection laws
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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.
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