Lars Mortsiefer
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This document discusses updates to data protection in anti-doping. [1] It outlines the development of data protection rules within WADA and issues around balancing privacy with anti-doping efforts. [2] Specifically, it examines problems around legal basis for data collection, data transfers to other countries, public disclosure of sanctions, and proportionality of testing protocols. [3] It concludes by noting data protection is important but anti-doping systems cannot be too restricted, and looks to potential changes in WADA's code and standards to further address these issues.
Lars Mortsiefer
- 1. Update on Data Protection in Anti-Doping Dr. Lars Mortsiefer Nationale Anti Doping Agentur Deutschland (NADA)
- 2. „I absolutely support the fight against doping. But I would like to have a system which respects the Athlete`s privacy more“ (International basketball player, Heiko Schaffartzik, Oktober 2011)
- 3. Overview • Development of data protection rules within the WADA-Code and ISPPI • Problems and conflict of interests - four examples • Outlook on data protection within the WADA-Code 2015 • Conclusion 3
- 5. 14.6 Data Privacy When performing obligations under the Code, Anti-Doping Organizations may collect, store, process or disclose personal information relating to Athletes and third parties. Each Anti-Doping Organization shall ensure that it complies with applicable data protection and privacy laws with respect to their handling of such information, as well as the International Standard for the protection of privacy that WADA shall adopt to ensure Athletes and non-athletes are fully informed of and, where necessary, agree to the handling of their personal information in connection with anti-doping activities arising under the Code.
- 6. Art. 29 Data Protection Working Party – Legal form – Roles and responsibilities – First and second opinion on WADA-Code and ISPPI – Conclusion 6
- 7. Problems – Legal basis – Transfer of data to third countries (via ADAMS) – Public disclosure of sanctions – Proportionality 7
- 8. Legal Basis - Law or (informed) consent - Athlete‘s given consent or legal provision - Europe!? - Rest of the (sports) world? 8
- 9. Data Transfer via ADAMS - Anti-Doping Administration & Management System - Data transfer to third parties - Adequate level of data protection - Alternatives - Contractual solution - Sufficient guarantees 9
- 10. Public Disclosure of Sanctions - Internet - Art. 14.2.4 For purposes of Article 14.2, publication shall be accomplished at a minimum by placing the required information on the Anti- Doping Organization’s Web site and leaving the information up for at least one (1) year. - For one year - or forever?! - Pillory effect and stigmatisation?! 10
- 11. Proportionality First example: – High level athlete (RTP) – An average of 6 – 8 out-of-competition-controls per year – (blood and urine) – Whereabouts three month in advance – 1h-Time slot – 365 Days per year Proportional?! 11
- 12. Proportionality Second example: Doping control under visual check (minors) 12
- 13. WADA-Code Revision 2015 - Art. 14 WADA-Code - Public disclosure as a sanction (Art. 10.12 WADA-Code) - Art. 22 WADA-Code - ISPPI 13
- 14. Conclusion - Data protection is a very important issue - Protection of athletes‘ privacy and personal information is a major concern - But the doping control system must not be restricted - Athletes and DCOs do have a special relationsship of trust 14
- 15. Thank you! Dr. Lars Mortsiefer Head of Legal Department / Member of the Executive Board phone: +49 228 / 812 92 -122 fax: +49 228 / 812 92 – 229 lars.mortsiefer@nada-bonn.de www.nada-bonn.de 15