• (a)while providing, or being associated in the course of his or her duties whether paid or unpaid with the provision of HIV testing, treatment, care, counselling, or associated health care service;
• (b)while acting or assisting in the administration of this Act;
• (c)while present in any room or place where a matter is being investigated, inquired into or heard under this Act;
• (d)while acting under his or her professional duty to the person who has tested positive as clergy of a church or other religious leader of any religious denomination; or
• (e)is approved under section 43;

acquires information that another person, whether dead or alive, is or was living with a HIV or AIDS or affected by HIV/AIDS, must not make and must not so far as possible to prevent unauthorised disclosure of the information to any other person.

• (a)may be disclosed—
  • (i)with the consent of the person to whom it relates, in accordance with the terms of that consent;
  • (ii)where the consent to testing of the person was given by another person under section 29(2)(c) or (d), to the person who consented to the testing;
  • (iii)by order of a court or person acting judicially or otherwise empowered to examine witnesses, where the information is directly relevant to proceedings in the court or before the person;
  • (iv)where all identifiers have been removed from the information, is statistical only or cannot otherwise reasonably be expected to lead to the identification of the person to whom it relates or group or classification to which that person belongs; or
  • (v)to the extent authorised by this Act, any policy, guidelines, standard of practice, standard operating procedure or code of practice or any other law, and
• (b)must be disclosed to the National HIV/AIDS programme manager and the Registrar using the prescribed form of notification of deaths from HIV/AIDS or HIV/AIDS related illness by a medical practitioner or other authorised health professional.