They disclosed my HIV status. Can I sue?

Medic handling HIV test kit. [Photo: Courtesy]

I recently attended an interview which I passed and was requested to undergo an HIV and Aids test before I sign the contract. However, to my surprise, after starting work, I realised that the Human Resource department may have disclosed my status (HIV positive) to some employees. Now that my private status was shared without my consent, does the law protect me in any way?

Ciku, Nairobi

Dear Ciku,

Yes, the law protects your status. For starters, the Constitution provides that every person has the right to privacy, which includes the right not to have information relating to their family or private affairs unnecessarily required or revealed.

The Constitution also provides that no one should discriminate against another directly or indirectly on the ground of status -- this includes the HIV and Aids status of another.

Moreover, Section 22 of the HIV and Aids Prevention and Protection Act provides that no person shall disclose any information concerning the result of an HIV test or any related assessments to any other person except with the written consent of that person or if that person has died, with the written consent of that person’s partner, personal representative, administrator or executor.

However, there are exceptions. For instance, the status can be revealed to a court where the information contained in medical records is directly relevant to the proceedings before the court or tribunal.

Legally, anyone who reveals a person’s HIV status without his/her written consent of a court order commits an offence.

Therefore, a person whose right to privacy has been threatened, violated or taken away can seek remedies under the constitution.

The person whose privacy is has been infringed can either seek compensation or a court order restraining the violator from continuing to infringe into their privacy.

However, even with monetary compensation, victims are in most cases left at crossroads on how to regain their human dignity after their status is exposed.

salt.