Kenya Court rules HIV data collection unconstitutional

Kenya Court rules HIV data collection unconstitutional

The High Court in Nairobi ruled Wednesday that an HIV data collection directive violates fundamental rights to privacy and is therefore unconstitutional [KELIN press release]. The data collection was ordered [directive, PDF] by President Uhuru Kenyatta [official site] last year in order to identify and treat children living with HIV/AIDS. However, the report collected sensitive information that many feared [KELIN report] could lead to identification and stigmatization of those impacted. Activists used the hashtag #UHURUHIVLIST to gather public support against the directive because it included the names, guardians and addresses of persons with positive statuses. The High Court agreed, finding the order was unconstitutional [Tweet] and mandated that stakeholders find a way to ensure collected data was stored in a manner which prevent linking the person and their status.

Human rights continue to be an important issue, especially as regards to discrimination against those with HIV/AIDS. The UK Court of Appeal in November approved [JURIST report] the National Health Services to fund research into the HIV drug PReP. A group of UN independent human rights experts said [JURiST report] in June that human rights violations contribute to the spread of HIV/AIDS.