Dating

I just installed the Grindr dating app and saw that you could click on an option to find out the person's HIV status. This worries me a bit. Do I have to reveal my HIV status on this application? I don't want the whole queer community to find out that I'm living with HIV.

Health-related information is highly personal data that enjoys special protection under the Data Protection Act. No one can decide for you whom and when you tell that you are living with HIV.

An HIV diagnosis is associated with ideas about how transmission occurred. As a sexually transmitted infection, it concerns an area of life tainted by taboos. In the minds of many people, the idea that HIV transmission could have been avoided, whether by not having sexual contact outside a stable relationship or by consistently using a condom during every sexual encounter, dominates. HIV status then becomes a moral issue. The question of guilt is inherent in HIV: not only for third parties, but often also for people living with HIV themselves. The likelihood of being stigmatized because of one's

HIV status. Therefore, to protect against stigma and discrimination, it is particularly important that information on HIV status enjoys effective data protection.

It is therefore not legally obligatory to reveal your HIV status on a dating app. Just as it's not imperative to tell someone you meet that you're living with HIV. The same applies to a sexual encounter. From a criminal point of view, you can't be prosecuted if you're on treatment and your viral load is undetectable, or if you use a condom during anal or vaginal intercourse. However, in addition to the legal issues, there are also the moral aspects to think about when and with whom you want to disclose your HIV status. When, as a person living with HIV, you get to know someone, the question that immediately arises is whether and when you want to tell them. If you say it too soon, there's a risk that the other person will reject you and not engage with you any further. If you say it too late, you could be criticized for not being honest from the start. You're the only one who can make a decision, because everyone has their own moral criteria to guide them. People who value openness and honesty will probably prefer to say it sooner rather than later. Those who value autonomy and privacy, even in a relationship, will probably keep the information to themselves for longer. Personally, I think that the closer a person is, the more important honesty is. For example, it would be unthinkable for me not to tell my partner that I'm living with HIV. On the other hand, a one-night stand doesn't necessarily need to know.

I hope you have a fascinating discussion. If you have any further questions, please do not hesitate to contact our Legal Department.