unit 4.6: republic act 11166 article VI

Confidentiality

**Article VI**

Disclosure of Confidential HIV ad AIDS Information

**Section 44.** *Confidentiality*

* 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.

Media disclosure

**Section 44.** *Confidentiality*

* 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

Cybercrime Prevention Act of 2012

**Section 44.** *Confidentiality*

Republic Act No. 10175

Data Privacy Act of 2012

**Section 44.** *Confidentiality*

Republic Act No. 10173

national active passive surveillance system of DOH

**Section 45.** *Exceptions*

complying with reportorial requirements of ___

subpoena duces tecum and subpoena ad testificandum

**Section 45.** *Exceptions*

When responding to a ___

subpoena **duces tecum**

**Section 45.** *Exceptions*

a __writ__ ordering a person to attend a court and **bring relevant documents**.

subpoena ad testificandum

**Section 45.** *Exceptions*

requires the **witness to attend and give oral evidence**

trained service provider

**Section 46.** *Disclosure of HIV-Related Test Results*

* any test related to HIV shall be disclosed by ___ only to the **individual who submitted to the test**

patient's parents, legal guardian, or a duly assigned licensed social worker or health worker

**Section 46.** *Disclosure of HIV-Related Test Results*

* below fifteen (15) years old, an orphan, or is **mentally incapacitated**

the test shall be disclose to child

**Section 46.** *Disclosure of HIV-Related Test Results*

* below fifteen(15) years of age and **not suffering from any mental incapacity**, has given voluntary and informed consent

Disclosure to Persons with **Potential Exposure** to HIV

**Section 47.**

* prevent or deter acts of **discrimination** against PLHIV
* provide procedures for the **resolution, settlement, or prosecution** of acts of discrimination

**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