Confidentiality and privacy of all patients especially in HIV cases is a significant ethical concern of medical professionals. The main problem is, how we can protect the people who are in close contact with HIV cases at the same time not to breach the confidentiality of patients. In this article we have focused on ethical and legal aspect of confidentiality in HIV cases in IRAN and some view points of Islamic scholars. When HIV positive person disagrees to inform his or her partner, medical professionals should do their best to convince the patient to avoid high risk behaviors. In this conditions it is ethically unjustified for medical professionals to talk about the diagnosis. According to regulations in IRAN health system plays a pivotal role to gather data about HIV infected person and should suggest ways to prevent transmission of the virus in acceptable and ethical manner.