The Judgement of the Riscani Court’s of the municipality of Chisinau,issued on June 8, 2011
On December 30, 2008 B. applied to the Military Center of Chisinau (hereinafter referred to as the Centre) to have his military identification card issued. After medical examination B. was deemed unfit for military service and excluded from the military records. Instead of the military identification card B. was given the certificate, which stated that he was unfit for military service on the basis of the paragraph № 5 of the List of conditions and illnesses to determine fitness for military service (namely immunodeficiency, HIV/AIDS), approved by the Decree №177 of the Ministry of Defence of the Republic of Moldova in 2003.
B. found out that the Republican Narcological Dispensary (hereinafter referred to as the Dispensary), informed the Centre about his HIV-positive status without his consent. After that B.’s mother learnt of his status, being informed by the Dispensary staff.
Because the information of B.’s HIV-positive status was disclosed, B., according to his words, was in a position when any moment he could be alienated and left without work, friends’ support, being isolated from the society; so he estimated his moral suffering that he endured and continued to endure, to be compensated with 50 000 Lei. Later he estimated his moral suffering to be compensated with 150 000 Lei.
B.’s mother b. told to the Court that she, having been informed by doctors on her son having AIDS, was in the state of "a debilitating shock." Subsequently, she visited a psychologist to recover from this shock. When B. realised that his mother knew about his disease and seeing how much stressed she was, he left his home to live in the rented apartment, in order not to hurt his mother even more. They still managed to stay in touch, even though B. tried not to come home. B.’s mother was visiting her son at his rented apartment. When they were seeing each other, she was crying, and B. tried to reassure her. B. was afraid that the information about his disease would reach his colleagues at his workplace, and so he could be fired because of that. He also was afraid that the dwellers of the house where B. used to live before would know about his disease. His psychological condition was very difficult, especially when he learned that his mother knew about his disease.
During the trial it was established by the trial court that the Dispensary provided the information on B.’s HIV-positive status in order to fulfil the request of the Center of the municipality of Chisinau.
It was also found out that the plaintiff’s mother has learned about the disease of her son from the medical staff of the Dispensary.
The Court concluded that the Hospital failed to take all appropriate measures, which were required to be taken in compliance with current legislation, in order to guarantee the protection of B.’s confidential data.
The Court also concluded that as a result of violations of the right to confidentiality B. has suffered moral damages.
As a result of reviewing a case, the Court proved the fact of disclosing of B.’s confidential medical information by the Dispensary and obligated the Dispenser to recover 5 000 (five thousand) Lei as moral damages.
The text of the judgement in Russian (see the link)
Робин С. Шарма