Section 44. Confidentiality.— The confidentiality and privacy of any individual who has been tested for HIV has been exposed to HIV, has HIV infection or HIV- and AIDS-related illnesses, or was treated for HIV-related illnesses shall be guaranteed. The following acts violate confidentiality and privacy.
Disclosure of Confidential HIV and AIDS Information.— Unless otherwise provided in Section 45 of this Act. it shall be unlawful to disclose, without written consent, information that, a person has AIDS, has undergone HIV-related test, has HIV infection or HIV-related illnesses, or has been exposed to HIV.
The prohibition shall apply to any person, natural or juridical, whose work or function involves the implementation of this Act, or the delivery of HIV-related services, including those who handle or have access to personal data or information in the workplace, and who, pursuant to the receipt of the required written consent from the subject of confidential HIV and AIDS information, have subsequently been granted access to the same confidential information.
Media Disclosure.— It shall be unlawful for any editor, publisher, reporter or columnist, in case of printed materials, or any announcer or producer in case of television and radio broadcasting, or any producer or director of films in case of the movie industry, or any other individual or organization in case of social media, to disclose the name, picture, or any information that would reasonably identify persons living with HIV and AIDS, or any confidential HIV and AIDS information, without the prior written consent of their subjects except when the persons waive said confidentiality through their own acts and omissions under Section 4(a) of Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act of 2012” and Section 25 of Republic Act No. 10173. otherwise known as the “Data Privacy Act of 2012”.