Abstract Human immunodeficiency virus (HIV) phylogenetic analysis has been introduced in a select number of jurisdictions globally for the purposes of HIV public health surveillance. Using this epidemiological tool in this way can enhance public health efforts aimed at managing HIV transmission. This application, however, presents many legal and ethical concerns that may counter such efforts, particularly in regulatory environments where HIV transmission can be subject to criminal prosecution. This article uses Victoria, Australia, as a case study and analyses the current regulatory frameworks relevant to HIV transmission and explores how these may influence the future implementation of phylogenetic analysis in this setting. The article concludes by offering a series of regulatory recommendations including considerations relevant to law and policy reform; procedures and practice; education and guidance; and community engagement and research.
Haining et al. (Tue,) studied this question.