If you are living in England or Wales this guidance explains your rights and options if someone shares your HIV status without your permission. This includes posting it on an online forum, telling friends & family, or messages others.
No one should share, or threaten to share, your HIV status without your consent or other legal justification. This can be a very distressing experience and have a serious impact on you.
But unfortunately, it does sometimes happen, and people do report this our Discrimination Service. We have put together this guidance to help you understand what steps you can take.
Quick questions
What are the legal rules on sharing someone’s HIV status?
The UK General Data Protection (UK GDPR) and the Data Protection Act 2018 sets strict limits on when organisations – called ‘data controllers’ – can disclose your HIV status without your consent.
However, these restrictions do not apply to individuals if they share your status in a personal capacity. This means that the UK GDPR and the Data Protection Act are very unlikely to be relevant if someone shares your HIV status by:
- Posting it on their social media account
- Telling another person verbally
- Sharing it with another person on a dating app (like Tinder or Grindr)
- Sending it to another individual or group through a messaging app
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What other laws might apply?
There are a range of criminal and civil laws that could be broken by someone sharing, or threatening to share, your HIV status without your consent.
Potential breaches of the criminal law are investigated by the police and tried in Magistrates’ Courts or Crown Courts. Potential breaches of the civil law can be challenged by claims brought against individuals in the County Court or High Court.
Criminal offences
For something to count as harassment, there must be a ‘course of conduct’ (at least two incidents of harassment). For example, someone repeatedly threatening to disclose your HIV status, or threatening to disclose and then actually disclosing it.
Harassment includes conduct which causes a person alarm or distress. (Section 2 of the Protection from Harassment Act 1997)
For example where someone threatens to share you HIV status unless you pay them money. (section 21 of the Theft Act 1968)
Where the person disclosing or threatening to disclose your status is a current or former partner or spouse, or a relative, and if the disclosure / threatened disclosure is part of a pattern of controlling or coercive behaviour. (section 76 of the Serious Crime Act 2015 – you can read more about this here.)
This could apply where a person sends a message which they know to be false (in addition to meeting other requirements).
This wouldn’t apply in the case where someone has disclosed=or threatens to disclose your status accurately. However, it could apply where someone discloses or threatens to disclose a false claim, for example that you intended or attempted to transmit HIV to them. (section 179 of the Online Safety Act 2023)
If someone is sharing your HIV status with malicious intent and due to HIV prejudice it could be considered a hate crime.
When a hate crime is reported to the police, they must make a record of it and investigate it appropriately. Whether the police decide if it is a hate crime will depend on the context and evidence. Information about orders that can be made by the police here.
Breaches of the civil law
If someone shares, or threatens to share, your HIV status without your consent they may be liable under civil law, including:
- Misuse of private information. This could apply where personal information is shared (on one or multiple occasions), over which someone has a reasonable expectation of privacy, without sufficient justification.
- Breach of confidence. This is where confidential information is shared (on one or multiple occasions) without sufficient justification.
- Civil harassment, contrary to section 3 of the Protection from Harassment Act 1997.
This means that if the individual’s actions satisfy the criminal definition of harassment, then it is also possible that they are liable for civil harassment.
You can pursue a claim for civil harassment without there being a criminal charge. Courts judge civil harassment “on the balance of probabilities” meaning that they must be satisfied that it more than 50% likely to be true. This is different to criminal harassment which must be proved “beyond reasonable doubt”.
If you decide just to pursue civil harassment without pressing criminal charges for harassment, the defendant (i.e., the person you are accusing) could argue that this is evidence that the allegations are untrue or less likely to be true.
Under civil law, people cannot be prosecuted as it is not about criminal offences. Instead, civil law actions you can seek to claim damages (financial compensation), as well as seek an injunction.
An injunction is a court order that can prevent someone who has threatened to disclose your status from doing so, or prevent them from disclosing it again. The court can punish failures to comply with injunction with sanctions up to and including imprisonment.
Time limits
It is important to bear in mind that certain criminal offences must be charged within 6 months and damages claims must be issued within varying time limits.
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What you should consider before deciding to take action
Before reading the next section about how to take legal action against an individual, we advise you to consider the following:
- Could it have a negative impact on your wellbeing?
Going to the police or taking legal action yourself can be a long and stressful process. Sometimes the police can decide to take no further action which can be hugely frustrating. If the police do decide to take your case further, it can take a long time before it is taken to court, and you may be required to give evidence.
It is important to consider the impact that this could have on your mental health and wellbeing, or whether reporting it to the police could put you at risk of violence. If you are feeling unsure about what to do, we suggest you reach out to your available support networks, local HIV charity, (or THT Direct Helpline).
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What non-legal options are available if an individual shares your HIV status and how can you make sure they stop sharing?
Contacting the individual directly
In some circumstances, you may feel able to contact the individual and ask them to take down the post or stop sharing your HIV status. Or you may wish to contact the individual first and then go to the police after.
However, this may not always be appropriate, especially if you do not feel comfortable contacting the person or think that they have bad intentions.
If you do decide to contact the individual directly, it may be useful to keep a record of any of their responses – as this may be important if you decide to take legal action – but you should make sure to avoid making any comments or threats that could expose you to allegations of committing a criminal offence or a civil wrong.
Reporting online sharing as abuse or harassment
If an individual has shared information about your HIV status online or on an app (like Instagram, Tinder, Grindr, WhatsApp or Facebook) you can usually report this to the app provider. They may then be able to act by removing the message or banning the individual from the platform.
To do this, you would need to find the reporting tool. Usually there is a flag, an arrow, or a three dots icon next to the individual’s post or their profile which will allow you to make a report.
- Choose a category: Identify which type of abuse or harassment you are receiving.
- Provide evidence: It’s useful to attach any screenshots or links, or to briefly explain what has happened
Be aware that different providers have different reporting mechanisms. Each platform, online site or app will likely have terms and conditions setting out what people will post and how they will moderate content. You may be able to use these policies to challenge any inappropriate behaviour.
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How do I report a criminal offence?
Contacting the police
If you are in immediate danger or there is an emergency, you should call 999.
If you decide to report a criminal offence you can:
- Report a crime here
- Report a crime in person at your local police station or by calling 101.
If the crime you are reporting is a hate crime:
- You can also report a hate crime on Report It
- If you believe that the police are not taking appropriate action in response to your reported hate crime, it can be useful to remind them of their Public Sector Equality Duty which means they have to investigate these appropriately. More information about the PSED can be found here.
You should try to keep records and any evidence relating to the sharing or threats to share your HIV status so that you can provide these to the police. This can include:
- Noting down relevant dates and times of where and when your status was shared
- Noting down what the person said or posted when they were sharing or threatening to sharing your status
- Taking screenshots of any messages, social media posts, etc, in which your status was shared or where threats to share were made.
If the police consider the behaviour, you have reported doesn’t breach any criminal laws, they may be able to issue a Prevention of Harassment Notice or a Police Information Notice to the person you have reported. These are official warnings that if their behaviour continues, they could then be committing a crime.
For example, if someone threatens to share your status, you report to the police and they issue one of these warnings, and the person goes on to disclose your status, then they could be committing harassment.
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What happens after I’ve reported it to the police?
Following a police investigation, the person you have reported could be:
- Subject to a ‘community resolution’. This is an informal police outcome that is used for low level crime used for low-level crime where going to court would be disproportionate. This is not a criminal conviction, but the offender admits responsibility and the victim agrees in view of putting things right. Community resolution should not usually be used in cases of domestic abuse or hate crime.
- Issued with a ‘caution’. This is a formal sanction which should be used where the offender admits guilt but where there isn’t a sufficient public interest in taking them to court.
- Charged with a criminal offence where there is sufficient evidence and it is in the public interest to do so.
Where a person is charged and taken to court, they could be issued with various orders including:
- Restraining Order regardless of whether they are convicted, so long as there is sufficient evidence to make the order. The order could prevent them from sharing your HIV status or engaging in other threatening or harassing behaviour.
- Criminal Behaviour Order if they are convicted. In addition to preventing them from doing certain things this type of order could also require them to take certain steps such as removing social media posts.
Breach of a Restraining Order or a Criminal Behaviour Order is a criminal offence.
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What if you’re not happy with the police’s response?
If you are not happy with how the police respond to a report, then you may wish to make a police complaint.
If a suspect if interviewed under police caution but the police choose not to refer them to the Crown Prosecution Service (CPS), or the CPS decide not to authorise criminal charges, then you may wish to challenge those decisions via the Victims Right to Review scheme operated by the relevant police service or by the CPS.
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What if I think the civil law has been breached?
Where you think the civil law may have been breached you may be able to:
• Apply for a ‘non-molestation’ order
• Send a ‘cease and desist’ letter
• Bring a claim for damages
Your options
A ‘non-molestation order’ is a type of injunction which may be appropriate when you are being harassed by an ‘associated person’. (An injunction is a court order which can tell someone to stop doing something.)
There isn’t a set list of who is considered an ‘associated person’, but it may include:
- Partners: Married, civil partners or ex partners – this can also include people you are engaged to be married to.
- Cohabitants (I.e., flatmates or house share)
- Relatives
- Someone that you have had an intimate relationship with for a significant amount of time (a current or ex-boyfriend or girlfriend)
- The parent, or someone who also has parental responsibility, of your child
Non-molestation orders should be tailored to circumstance of the particular case, but typically include prohibitions on making threats or harassment.
They usually last between 6 and 12 months, although you can apply to extend an order if protection is still required.
Breach of a non-molestation order is a criminal offence, and guidance on how you can apply for one can be found here.
If you are experiencing domestic or intimate partner violence and would like some more information about non-molestation orders you can makes a self-referral to the National Centre for Domestic Violence (NCDV).
Please note: It’s free to apply for a non‑molestation order, and you can do this yourself. However, if you choose to use a solicitor, you may need to pay their fees. Legal aid may be available where the disclosure / threatened disclosure takes place in the context of domestic abuse – detailed of legal aid solicitors can be found here.
A cease-and-desist letter is correspondence you send to an individual demanding that they stop any unlawful behaviour. This can also be sent by someone on your behalf, such as a solicitor or caseworker. The letter states that if the behaviour continues, you will take legal action.
A cease-and-desist letter is only appropriate if the person’s behaviour is unlawful or if it would become unlawful if it continues (such as in the case of a harassment which has not yet become a course of conduct).
Our Discrimination Service can support you to submit a cease-and-desist letter. Please contact [email protected] if you would like us to help you with this.
You can also instruct a solicitor to send a cease-and-desist letter on your behalf but you may need to pay their fees. Contact details for solicitors can be found via The Law Society.
If you have been harmed by breaches of the civil law, then you may be able to bring a claim for compensation against the person responsible. You can instruct a solicitor to represent you in a claim, but you may need to pay their fees. Contact details for solicitors can be found via The Law Society.
Damages claim must usually be started at court within specific time limits, which a solicitor can advise you about.
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