The Constitutional Party Right of Informational Privacy: Does it Protect Children Suffering From AIDS?
Aprivacy rights, minor, medeical information, education system, confidentiallity, social effects
The right to privacy and nondisclosure of personal medical information is at often odds with a State interest and the public's desire to be informed. This Note traces the constitutional right to privacy, discusses the extent to which personal medical information has been incorporated into that right and outlines the qualifications of these rights as they pertain to minors. In particular, this Note examines the constitutional right of States to release private medical information of an AIDS-inflicted child to the school officials at the school at the school the AIDS-inflicted child attends. The Note argues that when weighing the risks of disclosure and the severe social harm that an AIDS-inflicted child might suffer as a result, the interest in advancing the health and welfare of the general public, allows a State to release such information on a limited basis. Ultimately, the Note concludes that a State may release the medical information of an AIDS-inflicted child only to the medical personnel of the school the child attends but not to any other school official or member.
Gretta J. Heaney,
The Constitutional Party Right of Informational Privacy: Does it Protect Children Suffering From AIDS?,
14 Fordham Urb. L.J. 927
Available at: https://ir.lawnet.fordham.edu/ulj/vol14/iss4/4