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Education: The process of learning to instill values and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping.
International Standard : A standard adopted by WADA in support of the Code.
Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly.
International Standards shall include any Technical ISPPPI – November 2021 Page 7 of 24 Documents issued pursuant to the International Standard.
Participant : Any Athlete or Athlete Support Person.
Person: A natural Person or an organization or other entity.
Prohibited Method: Any method so described on the Prohibited List.
Prohibited Substance: Any substance, or class of substances, so described on the Prohibited List.
Publicly Disclosed: See Consequences of Anti -Doping Rule Violations above.
Results Management : The process encompassing the timeframe between notification as per Article 5 of the International Standard for Results Management, or in certain cases (e.g., Atypical Finding, Athlete Biological Passport, Whereabouts Failure), such pre-notification steps expressly provided for in Article 5 of the International Standard for Results Management, through the charge until the final resolution of the matter, including the end of the hearing process at first instance or on appeal (if an appeal was lodged).
Sample or Specimen: Any biological material collected for the purposes of Doping Control.
[Comment to Sample or Specimen: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups.
It has been determined that there is no basis for any such claim.]
Signatories: Those entities accepting the Code and agreeing to implement the Code, as provided in Article 23.
Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.
Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.
Therapeutic Use Exemption [TUE] : A Therapeutic Use Exemption allows an Athlete with a medical condition to use a Prohibited Substance or Prohibited Method, but only if the conditions set out in Article 4.4 and the International Standard for Therapeutic Use Exemptions are met.
WADA: The World Anti -Doping Agency.
3.2.
Defined Terms from the International Standard for Testing and Investigations Doping Control Coordinator : An Anti-Doping Organization or a Delegated Third Party that coordinates any aspect of Doping Control on behalf of an Anti-Doping Organization.
The Anti-Doping Organization always remains ultimately responsible under the Code for compliance with the requirements of the International Standard for Testing and Investigations, Therapeutic Use Exemptions , Protection of Privacy and Personal ISPPPI – November 2021 Page 8 of 24 Information, and Results Management.
Doping Control Officer (or DCO) : An official who has been trained and authorized by the Sample Collection Authority to carry out the responsibilities given to DCOs in the International Standard for Testing and Investigations.
No Advance Notice Testing : Sample collection that takes place with no advance warning to the Athlete and where the Athlete is continuously chaperoned from the moment of notification through Sample provision.
3.3.
Defined Terms Specific to the International Standard for the Protection of Privacy and Personal Information Personal Information: Information, including without limitation Sensitive Personal Information, relating to an identified or identifiable Participant or other Person whose information is Processed solely in the context of an Anti-Doping Organization’ s Anti -Doping Activities .
[Comment to Personal Information : It is understood that Personal Information includes, but is not limited to, information relating to an Athlete’s name, date of birth, contact details and sporting affiliations, whereabouts, designated TUEs (if any), anti -doping test results, and Results Management (including disciplinary hearings, appeals and sanctions).
Personal Information also includes personal details and c ontact information relating to other Persons, such as medical professionals and other Persons working with, treating or assisting an Athlete in the context of Anti -Doping Activities.
Such information remains Personal Information and is regulated by this International Standard for the entire duration of its Processing , irrespective of whether the relevant individual remains involved in organized sport.]
Processing (and its cognates, Process and Processed): Collecting, accessing, retaining, storing, disclosing, transferring, transmitting, amending, deleting or otherwise making use of Personal Information.
Security Breach : A breach of security resulting in the loss, theft, damage or unauthorized and/or unlawful Processing of Personal Information whether in elec tronic or hard- copy or other form, or interference with an information system, that compromises the privacy, security, confidentiality, availability or integrity of Personal Information .
Sensitive Personal Information: Personal Information relating to a Participant’s racial or ethnic origin, commission of offences (criminal or otherwise), health (including information derived from analyzing an Athlete’s Samples or Specimens ) and biometric and genetic information.
Third Party: Any Person other than the Person to whom the relevant Personal Information relates, Anti-Doping Organizations , and Third-Party Agents .
Third-Party Agent : Any Person that Processes Personal Information on behalf of, as delegated by, or as otherwise engaged by an Anti-Dop ing Organization in the context of ISPPPI – November 2021 Page 9 of 24 the Anti-Doping Organization’s own Anti- Doping Activities including, without limitation, a Delegated Third Party and any subcontractors.
3.4.
Interpretation 3.4.1 The official text of the International Standard for the Protection of Privacy and Personal Information shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
3.4.2 Like the Code, the International Standard for the Protecti on of Privacy and Personal Information has been drafted giving consideration to the principles of proportionality, human rights, and other applicable legal principles.
It shall be interpreted and applied in that light.
3.4.3 The comments annotating various provi sions of the International Standard for the Protection of Privacy and Personal Information shall be used to guide its interpretation.
3.4.4 Unless otherwise specified, references to Sections and Articles are references to Sections and Articles of the International Standard for the Protection of Privacy and Personal Information.
3.4.5 The Annexes to the International Standard for the Protection of Privacy and Personal Information have the same mandatory status as the rest of the International Standard.
ISPPPI – November 2021 Page 10 of 24 PART TWO: STANDARDS FOR HANDLING PERSONAL INFORMATION 4.0 Processing Personal Information in Accordance with International Standard and Applicable Law 4.1 This International Standard sets forth a minimum set of requirements applicable to the Processing of Personal Information by Anti-Doping Organizations and their Third-Party Agents in the context of their Anti-Doping Activities .
All Anti-Doping Organizations must comply with this International Standard, even when its requirements exceed those arising under the Anti-Doping Organization’ s applicable data protection and/or privacy laws, reflecting the vital need to protect the privacy of Participants and other Persons involved in and associated with anti-doping in sport.
[Comment to 4.1: Anti-Doping Organizations, along with any Third-Party Agents , minimally must comply with the requirements set forth in this International Standard, as applicable, provided that such compliance does not breach other applicable laws.
For greater certainty, in cases where compliance with the requirements of this International Standard may cause an Anti-Doping Organization to breach other applicable laws, those laws shall prevail.
This result will not lead to a determination of non-compliance with the World Anti-Doping Code to the strict extent of the conflict, however, Anti -Doping Organizations should communicate any such conflicts to WADA and other relevant Anti-Doping Organizations as soon as reasonably possible.]
4.2 Anti-Doping Organizations may be subject to data protection and privacy laws that impose requirements that exceed those arising under this International Standard.
In such circumstances, Anti-Doping Organizations must ensure that their Processing of Personal Information complies with all such data protection and privacy laws .
[Comment to 4.2: Anti -Doping Organizations in certain countries may be subject to laws that govern their Processing of Personal Information relating to natural Persons in addition to Participants, such as their own employees or staff employed by other Anti -Doping Organizations, or impose additional restrictions going beyond this International Standard.
In all such cases, Anti -Doping Organizations are expected to comply with applicable pr ivacy and data protection laws.]
4.3 Anti-Doping Organizations shall be able to demonstrate that their Processing of Personal Information takes place in accordance with this International Standard, in particular through the adoption of appropriate internal policies and procedures reflecting their adherence to this International Standard.
[Comment to 4.3: Anti -Doping Organizations can only effectively adhere to the requirements of this International Standard by having in place documented internal policies, procedures and information governance standards relating to Personal Information .]
4.4 Anti-Doping Organizations shall maintain a record of the Processing of Personal Information for which they are responsible, which shall describe the general purposes of the Processing, a description of the types of Personal Information, the categories of potential recipients of the Personal Information , the safeguards used where Personal Information is disclosed to other Anti-Doping Organi zations , Third Parties , or Third-Party Agents , the period for which the ISPPPI – November 2021 Page 11 of 24 Personal Information will be stored, or the criteria used to determine this period, and a general description of the technical and organizational security measures applied to the Personal Information.
[Comment to 4.4: Anti -Doping Organizations must maintain a record of their Processing activities, to better ensure their effective oversight of these activities and to facilitate compliance with this International Standard.
With respect to the ADAMS database administered by WADA, WADA shall be solely responsible for maintaining a record reflecting the types of Processing of Personal Information that occur within the database.]
4.5 Anti-Doping Organizations shall designate a Person who is accountable for compliance with this International Standard and all locally applicable privacy and data protection laws.
They shall ensure that the contact information of the Person so designated is made readily available to Participants in accordance with Article 7.
5.0 Processing Relevant and Proportionate Personal Information 5.1 Anti-Doping Organizations shall only Process Personal Information where relevant and proportionate in order to conduct Anti -Doping Activities under the Code and Internati onal Standards , provided such Processing does not conflict with applicable privacy and data protection laws, or where otherwise required by applicable law, regulation or compulsory legal process.
5.2 Anti-Doping Organizations shall not Process Personal Information that is irrelevant or unnecessary in the context of their Anti-Doping Activities as identified in Article 5.1.
[Comment to 5.2: Anti -Doping Organizations shall examine the different contexts in which they Process Personal Information to ensure that the Processing of the Personal Information in any given case is required in order to satisfy one of the purposes identified in Article 5.1.
Where Anti-Doping Organizations cannot satisfy themselves that the Processing is necessary, they shall refrain from Processing the Personal Information .]
5.3 In particular, except as otherwise expressly required by law: a) Anti-Doping Organizations Processing Personal Information (which may involve Processing Sensitive Personal Information relating to Athletes and Process ing non-Sensitive Personal Information relating to Participants and potentially other Persons ) in order to determine whether an Athlete’ s use of a Prohibited Substance or Prohibited Method is consistent with the provisions of a TUE, shall Process only the Personal Information proportionate and relevant for making this determination in accordance with the Code and/or the International Standard for Therapeutic Use Exemptions .
b) Anti-Doping Organizations Processing Personal Information relating to Participants and other Persons in order to perform Testing, shall Process only the Personal Information (including whereabouts information and TUEs ) proportionate and relevant for conducting Testing (e.g., test distribution planning, Sample collection, Sample handling, Sample transport to the laboratory or associated matters) in accordance with the Code and/or the International Standard for Testing and Investigations.
ISPPPI – November 2021 Page 12 of 24 c) Anti-Doping Organizations Processing Personal Information relating to Participants and other Persons in order to engage in investigations and Results Management (including associated disciplinary hearings, appeals and adjudications) shall Process only the Personal Information , including but not limited to whereabouts information, TUEs , test results, and non-analytical intelligence or information, proportionate and relevant for investigating and establishing one or more anti-doping rule violations in accordance with the Code and/or the International Standard for Results Management and the International Standard for Testing and Investigations .
d) Anti-Doping Organizations may Process Personal Information relating to Participants and other Persons for other specified purposes, provided that those purposes relate exclusively to the fight against doping and are found to be relevant to that fight following an appropriately documented assessment performed by the Anti -Doping Organization.
[Comment to 5.3.d.
: In certain contexts, it may be appropriate or necessary for Anti -Doping Organizations to Process Personal Information for additional purposes, besides those identified as Anti -Doping Activities or expressly required by law, in order to engage effectively in the fight against doping.
Such Processing must be exclusively linked to the fight against doping and may only occur where the Anti -Doping Organizat ion has documented the need to perform such Processing .
The general limitations set out in 5.1 and 5.2 continue to apply to any Processing of Personal Information for such purposes.]
5.4 Personal Information Processed by Anti-Doping Organizations shall be Processed fairly and shall be accurate, complete and kept up to date.
Anti-Doping Organizations shall correct or amend as soon as possible any Personal Information that they know to be incorrect or inaccurate, taking into account the responsibilities of Partic ipants to provide accurate and up-to-date information regarding themselves to Anti -Doping Organizations , including in the context of the provision of whereabouts information.
[Comment to 5.4: Where Participants are responsible for providing Personal Information about themselves directly to Anti -Doping Organizations and for keeping it accurate, complete and up-to-date, they should be informed of this obligation and, whenever practicable, offered reasonable means to fulfill it.
For instance, this could involve furnishing individuals with access to their Personal Information via the Internet through online tools and resources.]
6.0 Processing Personal Information in Accordance with a V alid Legal Ground 6.1 Anti-Doping Organizations shall only Process Personal Information in accordance with a valid legal ground, which can include: a) Compliance with legal obligations, performance of a public interest task, where necessary for reasons of substantial public interest, public health, or fulfillment of a contract, or to protect the vital interests of the Participant and other Persons ; or b) Where permitted, consent of a Participant or other Person , which shall be informed, freely given, specific and unambiguous, subject to the exceptions in Article 6.2.b, 6.3 and 6.4 of this International Standard.
[Comment to 6.1: Principal responsibility for obtaining the consent of an Athlete, and/or his or ISPPPI – November 2021 Page 13 of 24 her associated Athlete Support Personnel, or establishing another valid legal ground, shall rest with the Anti -Doping Organization(s) that has the then-primary relationship with the relevant Participant.]
6.2 Where Anti-Doping Organizations Process Personal Information on the basis of consent (including sharing Personal Information with WADA ), Anti-Doping Organizations shall, in order to obtain an informed, specific and unambiguous consent, ensure that adequate information is furnished to the Participant or Person to whom the Personal Information relates as described more fully in Article 7. a) Anti-Doping Organizations shall inform Participants of the negative Consequences that could arise from their refusal to participate in Doping Controls , including Testing, and of the refusal to consent to the Processing of Personal Information as required for this purpose.
[Comment to 6.2.a: For the avoidance of doubt, Participants shall be informed that their refusal to participate in Doping Controls, when requested to do so, could prevent their continued involvement in organized sport and, for Athletes, constitute a violation of the Code and invalidate Competition results, among other things.
A Participant who believes that an Anti -Doping Organization does not comply with this International Standard may notify WADA pursuant to Article 11.5, which shall, without prejudice to any other rights the Participant may have under applicable law, consider the grounds for the complaint.]
b) Where Anti-Doping Organizations Process Personal Information on the basis of consent (including sharing Personal Information with WADA ), Anti-Doping Organizations shall inform Participants that regardless of any refusal to grant or subsequent withdrawal of consent, the Processing of their Personal Information by Anti-Doping Organizations still may be required, unless otherwise prohibited by applicable law, where necessary to enable Anti-Dop ing Organizations : a) To commence or pursue analyses or investigations involving suspected anti -doping rule violations relating to the Participant; b) To conduct or participate in proceedings involving suspected anti-doping rule violations relating to the Partic ipant ; or c) To establish, exercise or defend against legal claims relating to an Anti -Doping Organization and/or the Participant.
[Comment to 6.2.b.
: In certain limited circumstances, Anti -Doping Organizations must have the ability to Process Personal Information in the absence of the Participant’s consent.
These exceptions are necessary to avoid situations where Participants refuse to grant consent or withdraw consent in order to circumvent anti-doping efforts and procedures and evade detection for a doping violation.]
6.3 Where Anti-Doping Organizations Process Sensitive Personal Information on the basis of consent (including sharing Sensitive Personal Information with WADA ), the explicit consent of the Participant or Person to whom the Personal Information relates shall be obtained.
The Processing of Sensitive Personal Information shall occur in accordance with any specific safeguards or procedures establi shed under applicable privacy and data protection laws.
ISPPPI – November 2021 Page 14 of 24 [Comment to 6.3: This International Standard imposes additional restrictions where Anti -Doping Organizations Process Sensitive Personal Information , reflecting the greater sensitivities surrounding the Processing of such information.
Specifically, explicit consent requires a positive, explicit action agreeing to the relevant Processing by the Person to whom the Personal Information relates.
Although the International Standard defines Sensitive Personal Information to expressly include different classes of information, this is not to suggest that such information should be Processed by Anti -Doping Organizations , as required by Articl e 5.1.]
6.4 In cases where a Participant is incapable of furnishing an informed consent by virtue of age, mental capacity or other legitimate reason recognized in law, the Participant’s legal representative, guardian or other competent representative may furni sh consent on the Participant’s behalf for purposes of this International Standard, as well as exercise the Participant’s rights arising under Article 11 below.
Anti - Doping Organizations shall ensure that obtaining consents under such circumstances is per mitted by applicable law.
7.0 Ensuring Appropriate Information is Furnished to Participants and Other Persons 7.1 An Anti-Doping Organization shall inform Participants or Persons to whom the Personal Information relates about the Processing of their Personal Information .
This information shall include: a) The identity of the Anti -Doping Organization collecting the Personal Information and contact details of the Person appointed pursuant to Section 4.5; b) Types of Personal Information that may be Processed ; c) The purposes for which the Personal Information may be used; d) Categories of potential recipients of the Personal Information, including Anti-Doping Organizations (such as WADA ), Third Parties and Third -Party Agents who may be located in other countries where the Participant may compete, train or travel ; e) The possibility and circumstances under which Personal Information may, where permitted by applicable law, be Publicly Disclosed ( such as the disclosure of test results and tribunal decisions); f) The Participant’s rights with respect to the Personal Information under this International Standard and the means to exercise those rights; g) The procedure for submitting complaints pursuant to Article 11.5 and the possibility, if any, to submit complaints to competent data protection authorities; h) The period for which the Personal Information will be stored, or the criteria used to determine this period; and i) Any other information necessary to ensure that the Processing of Personal Information remains fair, such as information about regulatory authorities or bodies that oversee the Anti-Doping Organization’s Processing of Personal Information.
ISPPPI – November 2021 Page 15 of 24 7.2 Anti-Doping Organizations shall communicate the above information to Participants or other Persons prior to or at the time that they collect Personal Information from Participants or other Persons in the form and manner specified in Article 7.3; and Anti -Doping Organizations shall be responsive to the questions or concerns of Participants relating to the Processing of their Personal Information by the Anti -Doping Organization.
Where Anti-Doping Organizations receive Personal Information from third parties, and not directly from the Participant, they shall communicate the above information as soon as possible and without undue delay, unless it has previously been furnished to the Participant or other Person by other parties.
Exceptionally, notice to the Participant or other Persons may be delayed or suspended where providing such notice might reasonably be considered to jeopardiz e an anti -doping investigation or otherwise undermine the integrity of the anti -doping process.
In such cases, the justification for the delay must be appropriately documented and the information provided to the Participant or other Persons as soon as reasonably possible.
[Comment to 7.2: Anti-Doping Organizations should recognize that basic principles of fairness require that where a Participant’s Personal Information is Processed in the context of Anti -Doping Activities, he or she should receive or have access to information that explains in simple terms the purpose and procedures for the Processing of their Personal Information .
This International Standard aspires to ensure that Participants acquire a basic grasp of the roles and responsibilities performed by the different organizations i nvolved in anti -doping in sport, as those relate to the Processing of Personal Information .
Under no circumstances should Anti -Doping Organizations seek to mislead or misinform Participants in order to Process their Personal Information .
In addition to fur nishing such information directly to Participants or other Persons, Anti-Doping Organizations may wish to make such information available on any websites or other online platforms that they operate.
Each Anti -Doping Organization should ensure that its Processing of Personal Information is transparent to Participants, notwithstanding the fact that certain information relating to Anti -Doping Activities, notably information concerning scheduled Testing and investigations and proceedings relating to anti-doping rule violations, may need to be temporarily withheld from Participants in order to maintain the integrity of the anti -doping process.