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Similarly, notice to Participants also may need to be temporarily withheld if providing the information might reasonably risk jeopardizing an ongoing or reasonably anticipated investigation into doping-related activities conducted by an Anti -Doping Organization or law enforcement agencies.
The prompt provision of appropriate information to Participants pursuant to this Artic le 7 is essential given the serious adverse Consequences that might arise if Participants are found to have committed an anti-doping rule violation.]
7.3 Anti-Doping Organizations shall provide the above information in a manner and format, whether written, oral or otherwise, that Participants or Persons to whom the Personal Information relates can easily comprehend, using clear and plain language.
Anti-Doping Organizations shall take into account the age and mental capacity of the Participant or other Person , as well as local practices, customs and the particular circumstances surrounding the Processing of the Personal Information .
[Comment to 7.3: Anti -Doping Organizations need to determine the most effective means of providing information in particular cases, recognizing that furnishing Participants with written notice is to be preferred when practical.
This also may include furnishing notices through generally available sources, s uch as brochures and Internet websites, alone or preferably in ISPPPI – November 2021 Page 16 of 24 combination with more succinct notices on forms and other documentation provided directly to Participants.
Anti-Doping Organizations also must take into account the specific circumstances of the Participant or other Person, in particular factors such as their age or mental capacity that impact their ability to understand the information being presented to them by the Anti -Doping Organization.]
8.0 Disclosures of Personal Information to other Anti -Doping Organizations and Third Parties 8.1 Anti-Doping Organizations shall not disclose Personal Information to other Anti -Doping Organizations except where such disclosures are necessary to allow the Anti -Doping Organizations receiving the Personal Information to fulfill obligations under the Code and the International Standards and in accordance with applicable privacy and data protection laws.
[Comment to 8.1: In many instances required by the Code and the International Standards, it is necessary for Anti -Doping Organizations to share certain Personal Information relating to Participants with other Anti-Doping Organizations so that they may engage in Code- mandated Testing or otherwise fulfill their respective roles under the Code/International Standards.
For instance, this may occur in order to subject Athletes to In-Competition and Out-of-Competition Testing.
In such cases, Anti-Doping Organizations shall cooperate with one another to ensure that the participation by Participants in such Testing rem ains suitably transparent to Participants and complies with the rules set out in this International Standard and applicable laws.]
8.2 Anti-Doping Organizations shall not disclose Personal Information to other Anti -Doping Organizations : (i) where the recipient Anti-Doping Organizations cannot establish a right, authority or need to obtain the Personal Information ; (ii) where there is evidence that the recipient Anti-Doping Organizations do not or cannot comply with this International Standard ; (iii) where the Anti -Doping Organization is prohibited from disclosing the Personal Information by applicable law or restrictions imposed by a competent supervisory authority; or (iv) where the disclosure would seriously compromise the status of an ongoing investigation i nto anti -doping rule violations.
Where an Anti-Doping Organization has concerns that another Anti-Doping Organization is incapable of complying with this International Standard, it shall make its concerns known to the Anti -Doping Organization and WADA as soon as possible.
8.3 Apart from the disclosures referenced in Sections 8.1 and 8.2 above, Anti-Doping Organizations may disclose Personal Information to Third Parties where such disclosures: a) Are required by law, regulation or compulsory legal process; b) Take place with the informed, express consent of the relevant Participant; or c) Are necessary to assist law enforcement or governmental or other authorities in the detection, investigation or prosecution of a criminal offence, breach of professional conduct rules, or breach of the Code; provided that the Personal Information is reasonably relevant to the offence or breach in question and cannot otherwise reasonably be obtained by the relevant author ities.
[Comment to 8.3.c.
: The ability of an Anti -Doping Organization to cooperate and exchange Personal Information with law enforcement agencies and other authorities and the manner ISPPPI – November 2021 Page 17 of 24 by which this is to occur may depend upon applicable national laws and r egulations.
Such rules may sometimes require or encourage Anti -Doping Organizations to disclose Personal Information to law enforcement and other authorities when they are aware that this information may be relevant to an investigation.
Anti -Doping Organiz ations must comply with such national obligations where they exist.]
9.0 Maintaining the Security of Personal Information 9.1 Anti-Doping Organizations shall protect Personal Information that they Process by applying all necessary security safeguards, including physical, organizational, technical, environmental and other measures, to prevent a Security Breach .
[Comment to 9.1: Anti-Doping Organizations shall ensure that any access to Personal Information by their own personnel shall take place on a need- to-know basis only and where consistent with assigned roles and responsibilities.
Personnel accessing Personal Information should be informed of the need to hold Personal Information in confidence .]
9.2 Anti-Dop ing Organizations shall apply security measures that take into account the sensitivity of the Personal Information being Processed.
Anti-Doping Organizations shall apply a higher level of security to the Sensitive Personal Information that they Process , reflecting the correspondingly greater risk that a Security Breach involving such information presents to the Participant or Person to whom the Personal Information relates.
9.3 Anti-Doping Organizations sharing Personal Information with Third-Party Agents in connection with their Anti -Doping Activities shall ensure that such Third-Party Agents are subject to appropriate controls, including contractual and technical controls, in order to protect the confidentiality and privacy of the Personal Information and to ensure that the Personal Information is only Processed on behalf of the Anti-Doping Organization or within the scope of the delegation or engagement of such Third- Party Agent , as the case may be.
[Comment to 9.3: Anti -Doping Organizations have an ongoing responsibility to protect any Personal Information under their effective control or in their possession, including Personal Information Processed by their Third -Party Agents , such as IT-service providers, laboratories, external experts, Delegated Third Parties, Doping Control Coordinators , and external Doping Control Officers .
Anti -Doping Organizations shall apply contractual controls that can include, as appropriate, provisions to ensure Third-Party Agents only Process Personal Information on the docum ented instructions of the Anti-Doping Organization, subject any Third-Party Agent or its staff handling Personal Information to a duty of confidentiality, apply appropriate technical security measures and organizational measures to the Personal Information , refrain from engaging other parties to Process the Personal Information without prior authorization and appropriate contractual controls being in place, require assistance where Participants or other Persons assert rights under this International Standard or applicable law, delete or return all Personal Information at the conclusion of the service or upon request, and make information available to the Anti -Doping Organization to demonstrate compliance with such controls.
Anti -Doping Organizations shall consider technical controls where Third- Party Agents are granted access to their systems that include, inter alia, access restrictions and authentication requirements.]
9.4 Anti-Doping Organizations are required to choose Third -Party Agents that provide sufficient ISPPPI – November 2021 Page 18 of 24 guarantees, in accordance with applicable law and this International Standard, in respect of the technical security measures and organizational measures governing the Processing to be carried out.
9.5 In the event of a Security Breach , the responsible Anti -Doping Organization shall inform affected Participants or other natural Persons of the breach, where this breach is likely to affect in a significant way the rights and interests of those Persons concerned.
The information must be provided as soon as reasonably possible once the Anti -Doping Organization becomes aware of the details of the Security Breach and should describe the nature of the breach, the possible negative consequences for those Persons concerned and the remediation measures taken or to be taken by the Anti -Doping Organization.
Additionally, the Anti-Doping Organization shall ensure that the Person appointed pursuant to Section 4.5 is also informed about the Security Breach .
The Anti-Doping Organization shall keep a record of Security Breaches , including the facts relating to the breach, its effects and remedial actions taken.
[Comment to 9.5: Security Breach notification obligations are becoming increasingly common throughout the world.
Pursuant to Article 4 of this International Standard, Anti -Doping Organizations must comply with national obligations that go beyond the International Standard (i.e., some national regimes may require additional notification to a competent authority or other organizations or impose specific timeframes for notification).
A breach does not significantly affect an individual when the Personal Information in question is subject to suitable technological protection measures (e.g., encryption) and there is no indication that the protection has been compromised.
Notice shall be given by any appropriate means, whether written, verbally or otherwise, taking into account the particular circumstances of the Security Breach , including the prejudice that the relevant Persons may suffer as a result of the Security Breach .]
9.6 Anti-Doping Organizations shall regularly assess their Processing of Sensitive Personal Information and whereabouts information to determine the proportionality and risks of their Processing and to assess any measures, including privacy by design measures, that could be taken to reduce the risks for the Participants concerned.
[Comment to 9.6: The requirement to conduct assessments of the Processing of Sensitive Personal Information and whereabouts information on a regular basis is intended to provide Anti-Doping Organizations flexibility to conduct such assessments at an appropriate frequency reflecting applicable privacy and data protection laws, and any changes to such Processing .
For instance, Anti -Doping Organizations have the discretion under the International Standard for Testing and Investigations to collect varying ty pes and amounts of whereabouts information from different tiers of Athletes.
The establishment of appropriate types and amounts of whereabouts information, as well as any changes to such requirements may require an assessment].
9.7 Anti-Doping Organizations sh all ensure that any staff Processing Personal Information of Participants is subject to a fully enforceable contractual and/or statutory duty of confidentiality.
10.0 Retaining Personal Information Where Relevant and Ensuring Its Destruction 10.1 Anti-Doping Organizations shall adhere to those retention times set forth in the latest version of Annex A - Retention Times attached hereto.
Anti -Doping Organizations shall retain any ISPPPI – November 2021 Page 19 of 24 Personal Information for which no retention time has been set in Annex A in accordance with the following principles, and where possible, shall establish clear retention times to govern their Processing of Personal Information consistent with such principles.
[Comment to 10.1: WADA shall be solely responsible for implementing the retention times set forth in Annex A within the ADAMS database administered by WADA.]
10.2 As a general rule, retaining Sensitive Personal Information requires stronger or more compelling reasons and justifications than retaining non- Sensitive Personal Information .
10.3 Anti-Doping Organizations shall ensure that Personal Information is only retained where it remains relevant to fulfilling their obligations under the Code or under the International Standards or where otherwise required by applicable law, regulation or compulsory legal process.
Once Personal Information no longer serves the above purposes, it shall be deleted, destroyed or permanently anonymized.
10.4 Anti-Doping Organizations shall develop specific plans and procedures to ensure the secure retention and eventual destruction of Personal Information .
10.5 Different retention times may be applied to different types of Personal Information and shall take into account the purposes for which the Personal Information is Processed in the context of Anti-Doping Activities , including the granting of TUE s, Testing, the investigation of anti -doping rule violations, and the sanctioning of such violations.
11.0 Rights of Participants and Other Persons with Respect to Personal Information 11.1 Participants or Persons to whom the Personal Information relates shall have the right to obtain from Anti-Doping Organizations : (a) confirmation of whether or not Anti -Doping Organizations Process Personal Information relating to them, (b) the information as per Article 7.1, and (c) a copy of the relevant Personal Information within one (1) month, where practicable, or as soon as possible thereafter, in a readily intelligible format, and without excessive cost, subject to limited exceptions prescribed by law or unless to do so in a particular case plainly conflicts with the integrity of the anti -doping system or an Anti-Doping Organization’ s ability to plan or conduct No Advance Notice Testing or to investigate and establish anti -doping rule violations or other legal claims.
[Comment to 11.1: Participants or other Persons may also have additional rights under applicable privacy and data protection laws, and Anti -Doping Organizations shall follow the process se t out herein when responding to requests in respect of such additional rights, as applicable.
Principal responsibility for receiving and responding to requests from Participants or other Persons shall rest with the Anti -Doping Organization(s) that has the then-primary relationship with the relevant Participant/Person.
To the extent it receives any such requests, WADA will respond in coordination with the relevant Anti -Doping Organization.
Save in exceptional circumstances, (which may include situations wher e the amount of Personal Information at issue is significant and involves a disproportionate effort to assemble), an Anti-Doping Organization ordinarily is expected to respond no later than four (4) weeks from the date a properly formulated request is received.
Anti-Doping Organizations shall be entitled to request additional information and clarifications from Participants or Persons in order to be ISPPPI – November 2021 Page 20 of 24 able to respond to their request, including, where appropriate, additional information to confirm the identity of the Participant or Person making the request.]
11.2 Anti-Doping Organizations have to respond to requests from Participants or Persons to whom the Personal Information relates seeking access to their Personal Information , except if doing so imposes a dispr oportionate burden on the Anti-Doping Organizations in terms of cost or effort given the nature of the Personal Information in question.
11.3 In the event an Anti -Doping Organization refuses to allow a Participant or Person access to his or her Personal Information , it shall inform the Participant/Person and set out in writing the reasons for refusing the request as soon as practicable.
Anti -Doping Organizations shall ensure that Participants/Persons only obtain Personal Information relating to themselves, and not relating to other Participants or third Persons , where they seek to obtain access to Personal Information pursuant to this Article 11.
11.4 Where an Anti-Doping Organization ’s Processing of Personal Information is shown to be inaccurate, incomplete, or excessive, it shall, as appropriate, rectify, amend, block or delete the relevant Personal Information as soon as possible.
If the Anti -Doping Organization has disclosed the Personal Information in question to another Anti-Doping Organization that to its knowledge or belief continues to Process the Personal Information , it shall inform that Anti-Doping Organization of the change as soon as possible, unless this proves impossible or involves a disproportionate effort.
The Anti-Doping Organization shall inform the Participant or Person about these Anti -Doping Organizations where they request the information.
11.5 Without prejudice to any other rights a Participant or Person may have under applicable laws, a Participant or Person shall be entitled to initiate a complaint with an Anti -Doping Organization where he or she has a reasonable, good -faith belief that an Anti -Doping Organization is not complying with this International Standard and each Anti-Doping Organization shall have a documented procedure in place for dealing with such complaints in a fair and impartial manner.
In the event that the complaint cannot be satisfactorily resolved, the Participant or Person may notify WADA , which will handle the complaint in accordance with the International Standard for Code Compliance by Signatories .
Where the International Standard for the Protection of Privacy and Personal Information is not being adhered to, the relevant Anti-Doping Organiz ation will be required to resolve the non-conformity in accordance with the International Standard for Code Compliance by Signatories .
Nothing in this International Standard prevents a Participant or Person from lodging a complaint with any competent authority responsible for the protection of privacy and p ersonal information, and Anti-Doping Organizations shall cooperate with such authorities when investigating the complaint.
ISPPPI – November 2021 Page 21 of 24 ANNEX A: RETENTION TIMES ADRV: Anti-doping rule violation AAF: Adverse analytical finding ATF: Atypical finding APF: Adverse passport finding ATPF: Atypical passport finding I. Referenced data will be deleted no later than the end of the calendar quarter following the expiry of the stated retention period.
II.
Retention times are limited to two categories: Twelve ( 12) months and ten (10) years.
The period of ten (10) years represents the time period during which an action may be commenced for an anti- doping violation under the Code.
The period of twelve (12) months represents the time period relevant to count three (3) whereabouts failures giving rise to an anti-doping rule violation, and is also applied to certain incomplete documentation and TUE -related information.
III.
Retention times can be extended in case of pending or reasonably anticipated anti -doping rule violations, investigations, or other legal proceedings.
Module Data Retention Periods Remarks Criteria 1 – Athlete : Athlete data relevant for practical purposes and for notification purposes in the event of an ADRV.
These data are not particularly sensitive.
Athlete (general) Name, Date of birth, Sport Discipline and Gender 10 yrs as of time when Athlete is excluded from ADO’s Testing program or as of time other data categories have been deleted (see, e.g.
Section 6 - ADRV), whichever is later Necessary to notify of ADRV and to keep a record of Athletes included in an ADO’s Testing program.
Necessity Contact information (phone number (s), email address, mailing address) 10 yrs as of time when Athlete is excluded from ADO’s Testing program Same as above.
Necessity ISPPPI – November 2021 Page 22 of 24 Module Data Retention Periods Remarks Criteria 2 – Whereabouts* *(except for city, country, and In- Competition whereabouts information, which are needed for the Athlete Biological Passport- see section 7) Whereabouts Whereabouts (other than city, country and In-Competition whereabouts) 12 months as of end of the whereabouts quarter for which the data was submitted Relevant to count 3 whereabouts failures in 12 months’ time.
Necessity Whereabouts failures (filing failures and missed tests) 10 years as of date of whereabouts failure Relevant to count 3 whereabouts failures in 12 months’ time and to other possible ADRVs.
If ADRV, will also be kept as part of results management file (see section 6).
Necessity 3 – TUEs Destroying medical information makes it impossible for WADA/ADOs to review TUEs retrospectively after TUE has lost its validity.
TUE information is largely medical and therefore sensitive.
TUE TUE certificates and rejected TUE decision forms 10 yrs as of date of TUE expiry/date of rejection decision Can be relevant in case of re -Testing or other investigations.
Proportionality/ Necessity TUE application forms and supp.
med information and any other TUE info not otherwise expressly mentioned herein.
12 months from date of TUE expiry Loses relevance after expiration of TUE except in case of re -application.
Proportionality/Necessity Incomplete TUEs 12 months from date of creation Can be relevant in case of re -application.
Proportionality ISPPPI – November 2021 Page 23 of 24 Module Data Retention Periods Remarks Criteria 4 – Testing Testing Doping Control Forms (DCFs) 10 yrs as of Sample collection date DCFs, associated mission/ Testing orders, and chain of custody documents are relevant for Athlete Biological Passport and in case of re-Testing of Samples .
If ADRV, will also be kept as part of results management file (see section 6).
Proportionality/Necessity Mission/ Testing orders Retained until all associated DCFs have been deleted Same as above.
Proportionality/Necessity Chain of custody 10 yrs as of document creation date Same as above.
Proportionality/Necessity Incomplete Testing documentation or documentation not matched to a Sample 12 months as of document creation date Documentation that is incomplete or not matched to a Sample typically results from a data entry error and is discarded after a short delay for data integrity purposes.
Proportionality 5 – Test results/ Results Management As of Sample collection date / date of creation of relevant documents: Analytical test results (incl.
AAF/ATF), laboratory reports, and other associated documentation 10 yrs* Necessary because of multiple violations and retrospective analysis.
If ADRV, will also be kept as part of results management file (see section 6).
Necessity *Subject to the criteria and requirements of the Code /International Standards , analytical data resulting from Sample analysis and other Doping Control information may, in certain circumstances, be kept beyond the applicable retention period for research and other purposes permitted by Article 6.3 of the Code.
Samples and data must be processed to ensure they cannot be traced back to an athlete before being used for such secondary purposes.
10 years is the maximum retention time for identifiable data and Samples .
See the International Standard for Laboratories for details.
Proportionality/Necessity ISPPPI – November 2021 Page 24 of 24 Module Data Retention Periods Remarks Criteria 6 –Proceedings and Decisions (ADRV) As of date of final decision: Managed by disciplinary body / sports federation / ADO.