Communicated on 18 May 2020 Published on 8 June 2020

FIFTH SECTION

Application no. 24867/13 M.K. against Ukraine lodged on 4 April 2013

SUBJECT MATTER OF THE CASE

The application concerns an alleged violation of the applicant’s right to respect for her private life in that she was not duly informed of a HIV blood test which had been performed during her regular check in a military hospital in November 2005. The results of the test, which appeared to have been positive, were not conveyed to her by the hospital staff but were disclosed to her partner, parents, and her employer. The applicant, who was a border control officer, was eventually declared unfit for military service and dismissed on health grounds. The applicant was unsuccessful in her attempt to obtain damages from the hospital for unlawful performance of the test and disclosure of its result. Neither did she succeed in bringing the medical staff of the hospital to criminal responsibility.

The final decision upon the applicant’s civil claim against the hospital was delivered by the Higher Specialised Court on Civil and Criminal Matters on 19 October 2012.

QUESTION TO THE PARTIES

Has there been a violation of the applicant’s right to respect for her private life, contrary to Article 8 of the Convention, given the applicant’s allegations that an HIV blood test was performed on her without her knowledge, that its results were not duly conveyed to her and that the results were disclosed to third persons, including her employer, without the applicant’s consent?

Your Government are requested to provide all documents relevant to the case, including the trial records.