FOR IMMEDIATE RELEASE

February 15, 2001

Supreme Judicial Court Affirms HIV Privacy Rights

(Boston, MA)  The Supreme Judicial Court today issued an opinion strongly affirming the absolute privacy of a person’s HIV-positive status under Massachusetts law. In the case, Commonwealth of Massachusetts v. Luis Ortiz, Justice Martha Sosman, sitting as the Single Justice, overturned a January 25,2001 order of the Springfield District Court that a criminal defendant disclose to police officers whether he is HIV-positive, after an arrest which involved contact with the defendant’s blood.

Gay & Lesbian Advocates & Defenders (GLAD)  filed a friend of court brief in the case on behalf of itself and AIDS Action Committee of Massachusetts. GLAD is a public interest legal organization which protects the civil rights of lesbians, gay men, bisexuals and people with HIV.

According to GLAD attorney Bennett H. Klein, “It is heartening that the Court understood the public health importance of guaranteeing the absolute confidentiality of a person’s HIV status.” Added Klein, “With no cure or vaccine available for AIDS, the public health strategy to control the epidemic has been to encourage individuals to be tested for HIV and to be counseled about how to prevent HIV transmission to others. Because of the stigma and discrimination associated with HIV, the privacy of HIV status has been critical to encouraging individuals to come forward for testing, counseling and care.”

Justice Sosman of the Supreme Judicial Court indicated that the Massachusetts HIV confidentiality law reflects the legislature’s reasoned and considered judgment that the absolute confidentiality of HIV status is the best way to protect the public health. Justice Sosman pointed out that when an individual is concerned about possible exposure to HIV, there is little or no medical utility in knowing the HIV status of the source. Rather, the individual must follow established medical protocols for HIV testing and counseling.

Attorney Klein added, “There is a tremendous amount of public misperception about HIV. There has never been a case of HIV transmission to a public safety officer or police officer. HIV is in fact a very difficult virus to transmit. While the concerns of the police officers here are understandable, public health officials in this case agreed that knowledge of the defendant’s HIV status here would not have been of benefit to the police officers.”