Kerala High Court flags concern over privacy risks when HIV patients apply for benefits through Akshaya centres

The Kerala High Court on Wednesday asked the State government to respond on what steps it has taken to ensure that there is no breach of confidentiality when HIV-positive patients apply for benefits under the Chief Minister’s Relief Fund (CMRF) through Akshaya centres..Justice Devan Ramachandran noted that while a circular has been issued on related aspects, this was not enough. Rather, the Court opined that concrete steps should be implemented to ensure the privacy of HIV-positive persons. "The learned Government Pleader is, therefore, directed to obtain specific instructions from the Government as to the steps/ initiatives required to implement Ext.P1 (circular) in such manner that the petitioner (an HIV positive persons) and similarly placed persons would not be prejudiced on account of breach of confidentiality," the Court ordered. .The Court was hearing the petition filed by an HIV patient (petitioner) on the matter..Advocate Sandhya Raju, appearing for the petitioner, informed the Court that there was a Government Order granting certain benefits under the CMRF to HIV patients and that these benefits have to be applied for by submitting an application to the district collector..However, in order to do the same, HIV-infected persons are often forced to take the assistance of platforms like Akshaya centres to upload their applications and medical documents, since many of such patients belong to the lowest income strata..She raised concern that there was a risk of the HIV-positive person's confidentiality being breached in the process. Advocate Raju further emphasized that the State government had an obligation to direct the district collectors to formulate protocols to ensure that such breaches do not happen..Justice Ramachandran agreed that it was clear that the State as well as the district collectors were obligated to ensure that confidentiality is maintained at every stage. “There can be no doubt at all that the requirement of maintenance of confidentiality of the information related to persons like the petitioner is paramount and unassailable. Since the right to privacy is a constitutional guarantee available to the petitioner and such other persons, it is apodictic that State of Kerala, as also the District Collectors, are now obligated to ensure that confidentiality is maintained at every stage, for which specific safeguards have to be put in place,” he said. .Therefore, the High Court directed the State to implement initiatives to ensure that the confidentiality of HIV-infected persons is not breached.The government has been ordered to file its response by September 29. The matter will be heard next on October 3. .[Read Order]