August 29, 2008

Court Rules on HIV-Related Privacy Act Violation

Based on a recent court ruling, individuals may not necessarily receive compensation for being victims of violations of the Privacy Act—a law that prohibits the government from disclosing a person’s medical records without consent, The Wall Street Journal Law Blog reports.

According to the blog, Stanmore Cooper, a recreational pilot, became caught up in a government investigation to seek out medically unfit pilots. Cooper was one of 40 pilots indicted in connection with the investigation. He pleaded guilty to a misdemeanor charge of lying to the Federal Aviation Administration about his HIV-positive status. His serostatus became public as a result of the investigation.

Cooper sued the government for violating the Privacy Act. However, Judge Vaughn Walker of the Northern District of California ruled that while a Privacy Act violation did occur, the emotional distress caused by the illegal disclosure of Cooper’s HIV status was not sufficient enough to award him damages.

The government attorneys in the case did not respond to the WSJ Law Blog’s request for comment.

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Previous Comments:

Bill Plummer, , 2008-09-07 14:02:09
This is yet another GOP infected Jurist who does not consider the law or thinks he as a judge is above the law. I think the govt disclosing the HIV status is the modern day witch hunt to rid the workforce of ALL HIV/AIDS patients. We can thank the infected GOP Right wing fundamentalists for all these discriminations. But you know what, at the end of the day, it's our fault for electing a*s-wipes to rule over us because we are sniveling scaredy cats who are afraid to stand up to the GOP

Hans, Maastricht Netherlands, 2008-09-07 07:10:38
I'ts the same shit all over the world!

Nicci, Boston, 2008-09-05 16:34:24
That is beyond messed up!

Yvette Raphael, Midrand, 2008-09-05 02:54:09
I still dot believe people are this ignorant or should i say say Stupid. HIV positive people continue to get the the rough end of it all. When is this discrimination gonna stop. When will people realise that once you are diagnosed with HIV does not mean you no longer Human How is this Poor Pilot supose to carry on living with no JOB and That Judge making that Rule is n indication that PLWHIV needs to fight this from a HUMAN RIGHTS perspective. This is a violation indeed

Mark F., TN, 2008-09-03 00:47:32
I work in a hospital setting, people have been let go from there jobs just for looking in someones charts on the computer or at the bedside if they did not have a reason to be in that chart. How is this person deemed unfit, because this is what they were checking for, and since he lost his job, why shouldn't he be compensated. HIPPA laws are very straight forward on these points. My caseworkers advised me not to tell my employer because they knew of these unfair practices

steve, Chattanooga, 2008-09-02 20:09:45
I was arrested for failure to notify a potential partner that I was hiv positive. I am on probation but anytime a potential employter looks at my record, they see where I am hiv positive. I have sufered the loss of many jobs because my privacy has been violated but local attorneys will not fight for me. The new ruling is unfair to all of us involved in privacy act violations.

Michael, Haslett, 2008-09-02 19:34:46
This is so wrong. This will leave it wide open now so that people, businesses and government will give out this type of personal information because they know there is nothing we can do about it as damages will not be awarded because of this judges desicion. I do hope and pray this guy will appeal.

gilbert l. barrett, moline, 2008-09-02 15:58:26
i have had so many problems w/ the meds i take. i take 14 pills a day-only 4 are hiv meds. norvir is the worst.

SB, NEW YORK, 2008-09-02 15:56:15
No pecuniary damages. How does this Judge figure? They took that man’s career away for life. Who will give that man a job now? Not judge Walker, that’s for sure. What that was is an example of applying instant sovereign immunity. I do not care what you do for a living, it’s nobody business unless you are directly handling food. Moreover, unless the person is convicted of a crime of a sex crime, or a related offence, it should never be made public.

Jack, San Francisco, 2008-09-02 15:44:46
Yet another reason to hate this world, I mean REALLY, HATE HATE. Thanks Vaughn!