Looking at the Anti-Doping Regime Through the EU Data Protection Lens

Abstract

This chapter offers a European Union perspective on data protection in the context of the anti-doping regime. It presents the Union’s essential data protection framework, which includes Articles 7 and 8 of the EU Charter of Fundamental Rights and the new General Data Protection Regulation (GDPR). Using the relevant legal texts, the main data protection principles, rules and rights included in the GDPR are described, analysed and applied to WADA’s testing procedures, whereabouts requirements, gathering and sharing information policies. The chapter finds the current anti-doping framework and practice conforming only in part with data protection principles, rules and rights upheld in the EU. There are legal hiccups within WADA’s structure in relation to data retention periods, the quality of data, the integrity and confidentiality of data, the purpose of gathering data, the legal basis for processing data or the transfer of personal data from the EU to third countries which are not covered by an adequacy decision. As a result, the chapter makes brief recommendations to WADA by which it can align itself with the current EU data protection framework.