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Law / El Salvador

Ley de Prevención y Control de la Infección Provocada por el Virus de Inmunodeficiencia Humana, confidentiality of HIV status

Ley de Prevención y Control de la Infección Provocada por el Virus de Inmunodeficiencia Humana (Decreto Legislativo No. 562 of 2016) arts. 26, 27, 30, 34(c) and 35

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Prohibition, Access restriction, Reporting
Audit expectation
none

What it requires

  • Do not request a test to diagnose HIV infection by any means or for any reason, and do not use deception or routine tests to infer a person's HIV status.
  • Do not require an HIV test as a condition of entering the country, obtaining goods or services, or joining a public or private institution or workplace.
  • Do not reveal information about a person's HIV condition or diagnosis without their consent.
  • If you are a public or private health institution or a health professional, report people diagnosed with HIV, and HIV-related deaths, to the Ministry of Health for epidemiological purposes, guaranteeing confidentiality.

These lines are LexLint's reading of the law's text.

What it makes you log

Logging duty

Articles 26 and 34(c) forbid requesting a test and revealing a person's HIV condition without consent, and article 30 requires the report to the Ministry of Health. None of the cited provisions requires a log, an audit or a report on access to the data.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The HIV law binds public and autonomous institutions, including the Salvadoran Social Security Institute, and private persons and entities that carry out prevention, promotion, protection and comprehensive care actions related to HIV. Article 26 forbids requesting a test to diagnose HIV infection by any means or for any reason, and forbids using deception or routine tests to infer a person's HIV status.

Article 26 bars requiring an HIV test to enter the country, to obtain goods or services, or to join public or private institutions and workplaces. Article 30 requires public and private health institutions and health professionals to report people diagnosed with HIV, and HIV-related deaths, to the Ministry of Health for epidemiological purposes while guaranteeing confidentiality.

Article 34 makes revealing information about the condition and diagnosis of a person with HIV without consent a very grave infraction. Article 35 punishes a very grave infraction with a fine of fifty-one to one hundred monthly commerce and services minimum wages. The decree was published in Diario Oficial No. 8, Tomo 414, on . The law entered into force eight days after its publication in the Diario Oficial.

When LexLint raises it

When your app profile says your app handles health records or processes personal data.

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Page updated .