On another listserve, Jean Miller wrote the following regarding the
unauthorized disclosure in Florida of the list of people who had tested
positve for AIDS:
I reported this leak in the AIDS names a few weeks ago and advised that CDC had
generally reamed Florida for it's mishandling of confidential information. CDC
assured policies were in place in other states which would have prohibited this
from occurring, had Florida used them. They didn't elaborate therefore must
assume those aren't the greatest either.
The employee of HRS is gay and used the list for his personal check on
potential partners and is reported to have offered to check out his friends
dates. He claims he did not give the disc to anyone. He was fired yesterday
and his lawyer is protesting the actions taken against him. No one is talking
so it's difficult for the authorities to get the full picture/charge anyone.
The damage is done. Thousands of people are now at risk of being exposed as
being HIV positive or having AIDS whose family, employers, partners, have no
previous idea about. The discs were sent to the two major newspapers in this
area and both refused to use them and notified authorities of their receipt.
There is still some decency in this world.
Bottom line, as I wrote before, where there is a human element involved when
there
IS a risk of losing confidentiality.
The Nebraska laws don't do a damn thing to protect the person being tested. No
current law protects the individual rights. That is why it is so important
that we add our two cents to the guidelines being written in Washington to
protect against discrimination on confidential testing. I still strongly feel
that there should be a non-disclosure agreement signed which would allow the
harmed party, should information be released, to recoup all current and future
damages they incur including legal fees. It sure would make someone think VERY
hard on how they will handle that information.
-----------------------------------------------------------
TRW Spacecraft Operations East
14320 Sullyfield Circle
Chantilly VA 22021
(703) 802-1863
