AIDS/HIV Records Confidentiality
NJ HIV Confidentiality Law
Health
Records identifying someone with, or suspected of having, HIV or AIDS are confidential in New Jersey no matter who holds them. They may be disclosed only with the person's prior written informed consent or under narrow exceptions for IRB-reviewed research, audits, treating personnel, required public health reporting, and other legally authorized purposes.
- Where
- New Jersey
- Citation
- N.J.S.A. 26:5C-5 to 26:5C-14; P.L.1989, c.303, as amended (including P.L.2013, c.103)
- Status
- In force
- Enforced by
- Private civil action by the aggrieved person; Commissioner of Health rules
- People can sue
- Yes
- Penalties
- An aggrieved person may recover actual damages, equitable relief, attorney's fees, and costs, plus punitive damages for wantonly reckless or intentionally malicious violations; each unlawful disclosure is a separate actionable offense (26:5C-14).
- Applies to
- Any record holder with identifying information about a person who has or is suspected of having AIDS or HIV infection, including the Department of Health, local health departments, health care providers and facilities, laboratories, blood banks, third-party payors, and any other institution or person (26:5C-7)
Practices it requires
- Treat any record containing identifying information about a person with or suspected of having AIDS or HIV infection as confidential and disclose it only for purposes the Act authorizes.N.J.S.A. 26:5C-7
- Disclose record contents only with the subject's prior written informed consent, or without consent only for IRB-reviewed de-identified research, de-identified audits, directly involved treating or teaching personnel, required reporting to the Department of Health, disease control rules, or other legally authorized purposes.N.J.S.A. 26:5C-8
Sources
- Official text
- N.J.S.A. 26:5C-7, 26:5C-8, 26:5C-14, current text (NJ Legislature statutes database, updated through P.L.2026, c.30)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The effective date of P.L.1989, c.303 could not be confirmed (the 1989 chapter law is not online). | Other NJ health-record confidentiality statutes (such as mental health, substance use treatment, and hospital patient-rights provisions) were not reviewed.
Research reference, not legal advice.