We wanted to find out if a complaint/case has ever been brought against anyone for disclosure of person’s HIV+ status not only without consent, or informing the individual that the disclosure was about to happen, but also without having any legal reason to do so.
When we asked the NHS, Department of Health and the Information Commissioner, they all confirmed that THEY HAVE NOT RECEIVED A COMPLAINT/CASE for this specific matter.
A search through the BILII, the legal cases index, did not bring up a single case brought for this specific matter.
On the internet we found a posting by Ms Lisa Webley, published in “The Litigator” magazine in 1997.
It concerns the discrimination against individuals with HIV in respect of assistance with bringing legal action against those who have breached the legislation.
We can claim that throughout our investigation and search for legal assistance, DISCRIMINATION exists on the grounds that F is the affected person.
Had F been a persistent thief, rapist, child molester, illegal immigrant, or anything else, he could avail himself of proper legal advice, often for free, from many sources. However, as soon as HIV+ status matter was mentioned, there was a deathly silence, or refusal to get involved in the matter.
The matter, is NOT at all that COMPLEX. In the first instance, disclosure of person’s HIV+ status without his consent, or even knowledge, is a breach of COMMON LAW CONFIDENTIALITY. In addition, there is the NHS Statutory Restriction on data handling and Article 8 of the Human Rights Act.
However, nobody would touch the matter with a second hand barge pole. We can claim that this is an example of OPEN DISCRIMINATION on the grounds that the complainant is HIV+.
We tried to contact Ms Webley who has since 1997 climbed up the legal ladder. She did not respond to our enquiry.