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Bodily Autonomy, Surveillance, Informed Consent

A critical and often overlooked approach to minimizing the harm of criminal laws that single people out based on their health status is limiting the role of public health systems in facilitating criminal legal involvement. Within and well beyond the response to the HIV epidemic, public health practices and policies have sidelined concerns about bodily autonomy and the collection, storage, and disclosure of health data in ways that perpetuate stigma and dehumanize our people.

CHLP has long led efforts raising awareness about invasive public health surveillance analytics, HIV testing schemes that undermine informed consent, and the weak confidentiality protections surrounding our most sensitive data. We are a proud member of the HIV Bodily Autonomy, Surveillance, and Informed Consent (BASIC) initiative and champion this visionary framework formulated by Michael Scarce, a writer, researcher, and activist living with HIV. 

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33 states have laws explicitly permitting health departments to share HIV medical data with law enforcement. 

— NASTAD, April 2024, U.S. HIV Data Protection Landscape

Advocacy rooted in data

In a nation with porous health data privacy laws and robust criminalization of people living with HIV, access to trusted information is essential for advocates working to protect the rights and dignity of their communities. CHLP’s resources on molecular HIV surveillance and data privacy help demystify complex public health practices and equip advocates with the knowledge they need to ask critical questions, challenge harmful policies, and demand accountability.

Accessible community outreach

Public health surveillance raises significant data privacy concerns and can open people living with HIV to criminalization and other negative collateral consequences when sensitive health data is shared, analyzed, or used outside of their control. Through webinars and other educational programming, CHLP works to break down these complex issues and provide clear, accessible guidance for advocates, community members, and people living with HIV.