Hiv and Medical Privacy: Government Infringement on Prisoners' Constitutional Rights

The high rate of HIV infection among Americans, the ease with which the virus is transmitted, and the terminal nature of the virus have made its existence a vital national public health issue.' Concern regarding HIV is heightened in U.S. correctional facilities, in which the prevalence of the virus is disproportionately high.2 As of December 31, 2003, 1.9% of the total U.S. prison population was known to 3 be HIV positive. Furthermore, "[a]t yearend 2003 the rate of confirmed AIDS in State and Federal prisons was more than 3 times higher than in the total U.S. population. 4 Public reaction to those afflicted with HIV is often negative and isolating due to the high-risk activities that can contribute to the transmission of the virus. Because of the social stigmatization associ-