ABSTRACT
This chapter explores both areas of law: privacy and confidentiality. It examines some general principles, and important aspect of confidentiality for social workers: the law of privileged communications. The chapter discusses the series of issues in Human Immunodeficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) confidentiality: statutory protections of confidential HIV/AIDS information; disclosure with informed consent; minors and consent; and disclosure to protect another, in a duty to protect situation, by statute or court order. One of the hallmarks of HIV/AIDS legislation in many states is the extensive legal protection of confidential HIV/AIDS information. While in general a legally valid consent may be oral or written, many states require that release of confidential HIV/AIDS information be in writing. California and some other states have significantly reduced the age of consent for minors when dealing with HIV/AIDS information or treatment. HIV infection is associated with sexual practice and drug use, universally regarded as personal and sensitive activities.
