Abstract

I here advance the thesis that if there is a general right to privacy, it follows that each person has a right not to be intruded upon in respect to their HIV status. I shall call this right RNIH (the Right to Non-Intrusion on HIV Status). Closely related to RNIH is society's compelling interest to protect against the spread of a fatal disease. In cases where the two conflict, the state's interest dominates but only to a point. In this article I sketch out a theoretical basis for believing RNIH exists. I also provide a serious legal mechanism for the protection of the right to privacy in the context of AIDS.