Lawyer's advice on whether condos can ask about or report internal infections:
Posted by
Max
Mar 24 '20, 20:19
|
We recommend that our association clients not seek out this information and maintain the confidentiality of any information its does receive. Community associations are not authorized or obligated to collect or maintain such information. Moreover, residents are not obligated to disclose to a community association whether they have been exposed to or have the COVID-19 virus or for that matter any other health condition. Please note that while there is no express right to privacy in the United States Constitution, the courts, have recognized a constitutional right to privacy, which includes an “individual interest in avoiding disclosure of personal matters.” Whalen v. Roe, 429 U.S. 589, 599-600 (1977). See, e.g., United States v. D.C., 44 F. Supp. 2d 53, 60–61 (D.C. 1999). When such a protected individual interest exists, a court will balance the individual’s privacy right against the governmental interest in disclosure. Whalen, 429 U.S., at 602-604.
As unfair as it sounds, the sad fact is that some people will judge others by a condition or illness. The Center for Disease Control and the U.S. Department of Housing and Urban Development have both published concerns about stigma and discrimination relating to this virus. Please navigate here for more information on this. We thus suggest that, given the rapid global spread of the COVID-19 virus, Boards and management operate going forward with the presumption that there are now people residing in their communities who will (or have already) test positive for COVID-19 and will become ill as they make plans and implement practices to ensure the continuity of operations while protecting the privacy of the residents during these difficult and unsettling times.
|