Section 8:
Disclosure of HIV status.
(1) Notwithstanding anything contained in any other law for the time
being in force,—
(i) no person shall be compelled to disclose his HIV status except by an order of the court that the
disclosure of such information is necessary in the interest of justice for the determination of issues in
the matter before it;
(ii) no person shall disclose or be compelled to disclose the HIV status or any other private
information of other person imparted in confidence or in a relationship of a fiduciary nature, except
with the informed consent of that other person or a representative of such another person obtained in
the manner as specified in section 5, as the case may be, and the fact of such consent has been
recorded in writing by the person making such disclosure:
Provided that, in case of a relationship of a fiduciary nature, informed consent shall be recorded
in writing.
(2) The informed consent for disclosure of HIV-related information under clause (ii) of
sub-section (1) is not required where the disclosure is made—
(a) by a healthcare provider to another healthcare provider who is involved in the care, treatment
or counselling of such person, when such disclosure is necessary to provide care or treatment to that
person;
(b) by an order of a court that the disclosure of such information is necessary in the interest of
justice for the determination of issues and in the matter before it;
(c) in suits or legal proceedings between persons, where the disclosure of such information is
necessary in filing suits or legal proceedings or for instructing their counsel;
(d) as required under the provisions of section 9;
(e) if it relates to statistical or other information of a person that could not reasonably be expected
to lead to the identification of that person; and
(f) to the officers of the Central Government or the State Government or State AIDS Control
Society of the concerned State Government, as the case may be, for the purposes of monitoring,
evaluation or supervision.