Philippine HIV and AIDS Policy Act

Section 44

The confidentiality and privacy of any individual who has been tested for HIV, has been exposed to HIV, has HIV infection or HIV- and AIDS-related illnesses, or was treated for HIV-related illnesses shall be guaranteed. The following acts violate confidentiality and privacy: (a) Disclosure of Confidential HIV and AIDS Information. - Unless otherwise provided in Section 45 of this Act, it shall be unlawful to disclose, without written consent, information that a person has AIDS, has undergone HIV-related test, has HIV infection or HIV-related illnesses, or has been exposed to HIV. The prohibition shall apply to any person, natural or juridical, whose work or function involves the implementation of this Act, or the delivery of HIV-related services, including those who handle or have access to personal data or information in the workplace, and who, pursuant to the receipt of the required written consent from the subject of confidential HIV and AIDS information, have subsequently been granted access to the same confidential information. (b) Media Disclosure. - It shall be unlawful for any editor, publisher, reporter or columnist, in case of printed materials, or any announcer or producer in case of television and radio broadcasting, or any producer or director of films in case of the movie industry, or any other individual or organization in case of social media, to disclose the name, picture, or any information that would reasonably identify persons living with HIV and AIDS, or any confidential HIV and AIDS information, without the prior written consent of their subjects except when the persons waive said confidentiality through their own acts and omissions under Section 4(a) of Republic Act No. 10175, Otherwise known as the "Cybercrime Prevention Act of 2012" and Section 25 of Republic Act No. 10173, "Data Privacy Act of 2012".

Section 45

Confidential HIV and AIDS information may be released by HIV testing facilities without consent in the following instances: (a) When complying with reportorial requirements of the national active passive surveillance system of the DOH: Provided, That the information related to a person's identify shall remain confidential; (b) When informing other health workers directly involved in the treatment or care of a PLHIV: Provided, That such worker shall be required to perform the duty of shared medical confidentiality; and (c) When responding to a subpoena duces tecum and subpoena ad testificandum issued by a court with jurisdiction over a legal proceeding where the main issue is the HIV status of an individual: Provided, That the confidential medical record, after having been verified for accuracy by the head of the office or department, shall remain anonymous and unlinked and shall be properly sealed by its lawful custodian, hand delivered to the court, and personally opened by the judge: Provided, further, That the judicial proceedings be held in executive session.

Section 46

The result of any test related to HIV shall be disclosed by the trained service provider who conducts pre-test and post-test counseling only to the individual who submitted to the test. If the patient is below fifteen (15) years old, an orphan, or is mentally incapacitated, the result may de disclose to either of the patient's parents, legal guardian, or a duly assigned licensed social worker or health worker, whichever is applicable" Provided, That when a person below fifteen(15) years of age and not suffering from any mental incapacity, has given voluntary and informed consent to the procedure in accordance with Section 29(b) of this Act, the result of the test shall be disclose to child: Provided, further, That the child should be given age-appropriate counseling and access to necessary health care and sufficient support services. It may also disclose to a person authorized to receive such results in conjunction with the DOH Monitoring Body as provided in Section 43 of this Act.

Section 47

Any person who, after having been tested, is found to be infected with HIV is strongly encouraged to disclose this health condition to the spouse, sexual partners, and/or any person prior to engaging in penetrative sex or any potential exposure to HIV. A person living with HIV may seek help from qualified professionals including medical professionals, health workers, peer educators, or social workers to support him in disclosing this health condition to one's partner or spouse. Confidentiality shall likewise be observed. Further the DOH, through the PNAC, shall establish an enabling environment to encourage newly tested HIV positive individuals to disclose their status to partners.

Section 48

Duty of Employers, Heads of Government Offices, Heads of Public and Private Schools or Training Institutions, and Local Chief Executives. - It shall be the duty of private schools and training institutions, and local chief executives over all private establishments within their territorial jurisdiction, to prevent or deter acts of discrimination against PLHIV, and to provide procedures for the resolution, settlement, or prosecution of acts of discrimination against PLHIV, and to provide procedures for the resolution, settlement, or prosecution of acts of discrimination. Towards this end, the private employer, head of office, or local chief executive shall: (a) Promulgate rules and regulations prescribing the procedure for the investigation of discrimination cases and the administrative sanctions thereof; and (b) Create an ad hoc committee on the investigation of discrimination cases, The committee shall conduct meetings to increase the members' knowledge and understanding of HIV and AIDS, and to prevent incidents of discrimination. It shall also conduct the administrative investigation of alleged cases of discrimination.