Considerations for Modernized Criminal HIV Laws and Assessment of Legal Protections Against Release of Identified HIV Surveillance Data for Law Enforcement

Datos Bibliográficos

ID11037313
AutoresCarol L Galletly (0000-0002-6995-0560, Carol L. Galletly is with the Department of Psychiatry and Behavioral Medicine, Center for AIDS Intervention Research, Medical College of Wisconsin, Milwaukee. Nanette Benbow is with the Third Coast Center for AIDS Research Center, Department of Psychiatry and Behavioral Sciences, Feinberg School of Medicine, Northwestern University, Chicago, IL. Amy Killelea is with the National Alliance of State and Territorial AIDS Directors, Washington, DC. Zita Lazzarini is with the Division of Public Health Law and...), Nanette Benbow (0000-0001-6715-1530, Carol L. Galletly is with the Department of Psychiatry and Behavioral Medicine, Center for AIDS Intervention Research, Medical College of Wisconsin, Milwaukee. Nanette Benbow is with the Third Coast Center for AIDS Research Center, Department of Psychiatry and Behavioral Sciences, Feinberg School of Medicine, Northwestern University, Chicago, IL. Amy Killelea is with the National Alliance of State and Territorial AIDS Directors, Washington, DC. Zita Lazzarini is with the Division of Public Health Law and...), Amy Killelea (Carol L. Galletly is with the Department of Psychiatry and Behavioral Medicine, Center for AIDS Intervention Research, Medical College of Wisconsin, Milwaukee. Nanette Benbow is with the Third Coast Center for AIDS Research Center, Department of Psychiatry and Behavioral Sciences, Feinberg School of Medicine, Northwestern University, Chicago, IL. Amy Killelea is with the National Alliance of State and Territorial AIDS Directors, Washington, DC. Zita Lazzarini is with the Division of Public Health Law and...), Zita Lazzarini (Carol L. Galletly is with the Department of Psychiatry and Behavioral Medicine, Center for AIDS Intervention Research, Medical College of Wisconsin, Milwaukee. Nanette Benbow is with the Third Coast Center for AIDS Research Center, Department of Psychiatry and Behavioral Sciences, Feinberg School of Medicine, Northwestern University, Chicago, IL. Amy Killelea is with the National Alliance of State and Territorial AIDS Directors, Washington, DC. Zita Lazzarini is with the Division of Public Health Law and...), R G Edwards (National Alliance of State and Territorial AIDS Directors), Ruth Edwards (0009-0009-8804-3462, Carol L. Galletly is with the Department of Psychiatry and Behavioral Medicine, Center for AIDS Intervention Research, Medical College of Wisconsin, Milwaukee. Nanette Benbow is with the Third Coast Center for AIDS Research Center, Department of Psychiatry and Behavioral Sciences, Feinberg School of Medicine, Northwestern University, Chicago, IL. Amy Killelea is with the National Alliance of State and Territorial AIDS Directors, Washington, DC. Zita Lazzarini is with the Division of Public Health Law and...)
Año2019
Volumen109
Número11
Páginas1576-1579
Fecha de publicación2019-11-01
Peer ReviewedSí
Open AccessNo
TipoARTICLE
RevistaAmerican Journal of Public Health (JOURNAL)
Identificadores de la revistaISSN: 0090-0036 • E-ISSN: 1541-0048
EditorialAmerican Public Health Association (PUBLISHER • US)
DOI10.2105/ajph.2019.305284
PMID31536402
OpenAlexW2974739068
IdiomaEN
Citas recibidas3
Referencias citadas3

In November 2018, the Centers for Disease Control and Prevention distributed guidance to funded agencies under its Integrated HIV Surveillance and Prevention Programs Initiative to support the implementation of the program’s third strategy: HIV transmission cluster investigation and outbreak response efforts. Cluster detection seeks to identify persons infected with HIV (diagnosed and undiagnosed) who are linked to infections in single or related sexual and injection drug networks. Identifying expanding clusters allows public health personnel to intervene directly where active HIV transmissions occur. However, in the context of HIV infection where most US states have enacted criminal exposure laws, these efforts have sparked concerns about the protection of HIV surveillance data from court order or subpoena for law enforcement purposes. The Centers for Disease Control and Prevention calls for funded agencies to evaluate relevant confidentiality laws to ensure that these are sufficient to protect the confidentiality of HIV surveillance data from use by law enforcement. We present four often overlooked factors about the criminalization of HIV exposure and HIV surveillance data protections that should be considered in statutory assessments

Business · Confidentiality · Context (archaeology) · Criminal law · Criminalization · Enforcement · Law enforcement · Political science · Public health · Statutory law · Subpoena · Ethics in Clinical Research · HIV, Drug Use, Sexual Risk · HIV/AIDS Research and Interventions · Law · Medicine