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HIV Life >> Living With HIV

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Mike89406
Newbie

Reged: 11/07/08
Posts: 3
Is this even legal?
      #243067 - 11/07/08 03:57 PM

There is a website where a guy in Oregon feels is hid duty to out those with a STD without their consent. I thought there were gross privacy violations. Check out the website and tell me what you think.

http://stdcarriers.com/Default.aspx

News Article

http://www.nwcn.com/statenews/oregon/stories/NW_110408ORN_std_website_SW.17d3e5c94.html

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Jackie__Blue
Legend

Reged: 01/20/07
Posts: 1186
Re: Is this even legal? new
      #243068 - 11/07/08 04:51 PM

Well he sounds like scum, but I think his website might be legal. Health privacy is protected, but pretty much the laws just cover your employer and health care providers.

Years ago, my husband was outed about having HIV by the county prosecutor to the paper in our small town. The paper had an article quoting the prosecutor saying that most people with pot plants are distributing , but since my husband had AIDS that couldn't be proven that he wasn’t growing for medicinal purposes.

I wanted to sue. However I was to find out we had no case. Because my husband's status was mentioned in open court and his attorney didn't know to have the judge seal the case, it was considered public information at that point.

The only way we could have sued was if the information was untrue, and since my husband does have AIDS, that wasn't gonna fly.

Same with this guy. My guess is the only person that might be able to sue would be someone that is listed when they don't have a STD. That would qualify for defamation. Even with his "I'll personally go after anyone that lies", he might be liable anyway. I don't know...just my thoughts.


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MIADA
Regular

Reged: 02/28/08
Posts: 38
Loc: M I A
Re: Is this even legal? new
      #243072 - 11/08/08 07:43 AM

It's a pretty cheap and sleazy site, with BS ad revenue and crap all over the place. I wouldn't take any info from them seriously.


--------------------
Namaste
~D

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Lovinlife
Fanatic

Reged: 08/29/08
Posts: 63
Re: Is this even legal? new
      #243093 - 11/10/08 10:03 AM

It's sad that people like this guy in Oregon would take the time to produce such a horrible website.

This post reminded me of something that happened to me that I wanted to share as a reminder to protect your privacy!
About 1 year ago somebody called my job from the "health department" claiming that she was aware of my HIV + status and was contacting all people in the area with HIV to offer me the chance to say any names of people that I had been sexually active with without disclosing to and she would contact them and tell them to get tested without telling them my name. I thought it sounded really strange and asked her where she was calling from and where she had obtained her information. I told her she was grossly out of line, that I am HIV negative and that she was calling my job. At the end of the conversation I asked her for her phone number and when I called back it was not the health department phone number...it was a random corporation and they had never heard of this woman.

It reminded me to really protect my privacy. I was very worried for several days about who she was or where she had learned of my status. But--I was glad that I did not tell her, "yes...I'm HIV positive.." or share any other information with her.

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Lifelost
Newbie

Reged: 11/13/08
Posts: 4
Re: Is this even legal? new
      #243140 - 11/13/08 12:00 PM

The guy is likely very frustrated just like me. There are people out there who are intensionally passing the disease. That is how I was infected, she withdrew the condom when she was on top and infected me. Unfortunately, in my country, we don't have a law that prosecute these mongers. I am not supporting the guy but I can understand where he's coming from.

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Lovinlife
Fanatic

Reged: 08/29/08
Posts: 63
Re: Is this even legal? new
      #243151 - 11/14/08 10:36 AM

Frustrated or not---it is a horrible thing to do. If you get infected...it is, in part, your responsibility to ask if a person has been tested. And...beyond that, you can always ask to go together to get tested before sex. And...it sounds highly unlikely that you contracted HIV from having sex one time with a woman who withdrew the condom. It could have, perhaps, been other behavior you could look at.

I contracted it from a man who knew he had HIV and yet we had a relationship for several years without him telling me. Despite that, I still see it, in part, as my responsibility to have asked him to get tested with me before being intimate.

And, beyond that I had and have no desire to create a website telling others that the man who infected me had HIV. I think once you know you should just move on with your life and focus on taking care of yourself.


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Mike89406
Newbie

Reged: 11/07/08
Posts: 3
Re: Is this even legal? new
      #243164 - 11/15/08 03:42 AM

Just an update. When I first found the previously mentioned website I contacted a few federal organizations concerning his blatant disregard for individual medical privacy one of which was the Federal Trade Commission, HIPPA complaint and my local congressman.

I received a Official letter from my local congressman in Nevada watermarked and all, and he agrees that confidentiality is an important issue in this matter. He also mentioned that Cyrus Sullivan (The webmaster) pleaded guilty to misdemeanor harassment charges when he falsely advertised STD clinics several years ago and before his website was launched, and he mentioned that he is currently under investigation by local enforcement authorities. He lastly mentioned that he will keep my thoughts in mind should legislation regarding the privacy of medical information comes before Congress.

Having said all of that I'm not one to blow whistles on people or see them get in to trouble unless they truly deserve it, however since mine and other peoples medical confidentiality is extremely important he has crossed the fine line with me and deserves what he gets in my opinion. (BTW my name isn't on his website and doesn't have to be) If he wants to out himself that's his business but rest assured I now believe he has received national attention and one wrong move by this guy and he is toast according to what I have heard. Not only that I hope he has a lot of money because I have a feeling the lawsuits are coming and he wont know what hit him until its too late.


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