The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking systems. Part VII addresses the Washington State approach to HIV surveillance and the process by which the Washington legislature drafted the regulations.
Robin Sheridan, Public Health Versus Civil Liberties: Washington State Imposes HIV Surveillance and Strikes the Proper Balance, 24 SEATTLE U. L. REV. 941 (2001).