Does a person who is HIV positive have a right to privacy regarding their condition?

MultiRegion, United States of America

The following excerpt is from Powell v. Schriver, 175 F.3d 107 (2nd Cir. 1999):

Bearing on this question is our opinion on HIV status in Doe v. City of New York, 15 F.3d 264, 267 (2d Cir.1994): "Individuals who are infected with the HIV virus clearly possess a constitutional right to privacy regarding their condition." In Doe, the plaintiff was not a prison inmate. See id. at 265. This appeal therefore raises two previously unresolved issues: first, whether the holding in Doe means that transsexuals have the right to confidentiality,

Page 111

1. The Right to Confidentiality

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