Dear PAO,

I was clinically diagnosed with syphilis, a well-known sexually transmitted disease (STD) which leads to human immunodeficiency virus (HIV) infection. During the diagnostic process, one of the medical personnel involved in the screening happens to be a close friend of mine. When I officially tested positive, it was understandably inevitable for this close friend to have access to the results. Disappointingly, this friend shared the results to our group chats, and even went on to circulate rumors that I have been seeing multiple partners for the past six months. Can she be held liable for disclosing my status as an HIV-positive or syphilis patient? If yes, what are the possible penalties for such disclosure of information?

Aiah

Dear Aiah,

The answer to your query is found in Republic Act (RA) 11166 or the Philippine HIV and AIDS Policy Act. Section 44 (a) of the law provides:

“Section 44. Confidentiality – The confidentiality and privacy of any individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV- and AIDS-related illnesses, or was treated for HIV-related illnesses shall be guaranteed. The following acts violate confidentiality and privacy:

“(a) Disclosure of Confidential HIV and AIDS Information – Unless otherwise provided in Section 45 of this Act, it shall be unlawful to disclose, without written consent, information that a person has AIDS, has undergone HIV-related test, has HIV infection or HIV-related illnesses, or has been exposed to HIV.

“The prohibition shall apply to any person, natural or juridical, whose work or function involves the implementation of this Act, or the delivery of HIV-related services, including those who handle or have access to personal data or information in the workplace, and who, pursuant to the receipt of the required written consent from the subject of confidential HIV and AIDS information, have subsequently been granted access to the same confidential information.

“xxx”

In relation to this, Section 50 (f) thereof imposes a penalty of fine, imprisonment, or both to those who breach the above confidentiality provision, to wit:

“Section 50. – Penalties –

“xxx

“(f) Any person who violates the provisions of Section 44 of this Act on confidentiality shall, upon conviction, suffer the following penalties:

“(1) Six months to two (2) years of imprisonment for any person who breaches confidentiality, and/or a fine of not less than Fifty thousand pesos (P50,000.00), but not more than One hundred fifty thousand pesos (P150,000.00), at the discretion of the court;

“(2) Two years and one (1) day to five (5) years of imprisonment for any person who causes the mass dissemination of the HIV status of a person, including spreading the information online or making statements to the media, and/or a fine of not less than One hundred fifty thousand pesos (P150,000.00), but not more than Three hundred fifty thousand pesos (P350,000.00), at the discretion of the court; and

“(3) Five years and one (1) day to seven (7) years of imprisonment for any health professional, medical instructor, worker, employer, recruitment agency, insurance company, data encoder, and other custodian of any medical record, file, data, or test result who breaches confidentiality, and/or a fine of not less than Three hundred fifty thousand pesos (P350,000.00), but not more than Five hundred thousand pesos (P500,000.00), at the discretion of the court.

“These penalties are without prejudice to any administrative sanction or civil suit that may be brought against persons who violate confidentiality under this Act. xxx”

Based on the foregoing, the act, sans any written authorization, of your supposed “close friend” in disclosing your HIV test results, an information she obtained as a health professional or a person engaged in delivery of HIV-related services, is a clear violation of the Philippine HIV and AIDs Policy Act. Furthermore, as a health professional, the violation thereof comes with the corresponding stiffer penalty of five years and one day to seven years of imprisonment and/or a fine of not less than P350,000, but not more than P500,000, at the discretion of the court, and without prejudice to any appropriate administrative sanction or claim for civil damages.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]