Social Services policy relating to the disclosure of confidential information applies to people living with HIV/AIDS in the same way as it does to any other service user. However, there are particular elements of fear, misunderstanding or prejudice, present in some people's response to this condition. This can result in individuals affected by HIV/AIDS experiencing discrimination, harassment or victimisation if their diagnosis becomes known. For this reason, it is appropriate to explore the issues around confidentiality and HIV/AIDS more fully.

It is particularly important that the informed consent of the service user is always sought before an HIV diagnosis is disclosed to a third party. This will involve explaining to the service user who the third party is and why they need to know the information. For example, this could be to ascertain whether the service user meets the criteria for a particular service. The benefit of disclosure should be communicated, as well as the possible cost of disclosure or non-disclosure. The final decision rests solely with the service user, who may decide after weighing up the cost and the benefit, to forego a service rather than disclose.

It is vital to distinguish in this context between a need to know and a desire to know. HIV of itself does not necessarily result in a need for services; people may be free of any physical or psychological conditions related to the virus. Or they may be affected by an unrelated condition that pre-dates the presence of the virus. The questions to be asked are:

  • Is the disclosure of the presence of HIV absolutely essential to determine whether or not a specific service can be provided?
  • Is the need for a service a direct consequence of the presence of HIV?
  • Will disclosure assist in ensuring the service is appropriately provided?

Service providers or other professionals do not have an automatic 'right' to know a service user's HIV status. There may be some situations in which a service user chooses to disclose their own HIV status to a service provider or other professional. On very rare occasions, there may be a legal requirement for Social Services to disclose the HIV status of a service user.

To download the HIV Confidentiality policy as a Word document click here (Word document CS348, 82.5Kb).

To download the HIV Confidentiality policy as an Adobe PDF document click here (PDF document CS348, 81.5Kb).

There are separate practice guidelines on this matter relating to Social Services provision of services to children and families living with HIV.

Further guidance on this matter can be obtained from the Social Services specialist HIV Care Management team.