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Illegal Disclosure of my status
Apr 28, 2007

Hi!

A few months ago, I participated in a photo shoot for a campaign for one of the local A.S.O.'s (Aids Service Organizations) in the state where I lived.

I signed a release for my photo to be used in this campaign, which was a drive to promote testing, particularly among African Americans, but in no way was it supposed to identify the people in the photo status. It was just a pictural part of the campaign.

Well, to my shock and horror, I got a call from a very close friend of mine, who was in shock, and upset, to see my picture and my status under that picture, in a public forum, at this conference he attended a sometime in January! I had planned on disclosing to him this year, but did not intend for him to find out about my status this way.

Being that I did not sign a disclaimer or authorization of any kind, to release my status, what legal recourse do I have?

Response from Dr. Frascino

Hi,

Considering this was an ASO, I assume the mistake was made without malice or ill intent. I suggest you recheck the release you signed for this project. If indeed there is no mention of disclosing HIV status and you wish to consider legal action, you'll need to check with an HIV-knowledgeable lawyer. My hope is that legal action could be avoided if this was indeed an oversight or miscommunication. Have you called the President of the ASO to discuss your concerns? That might be a good first step.

Do you have legal recourse? That would depend on where you live and what you signed.

Dr. Bob



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