Any information collected by us on our forms (such as Doping Control forms or Athlete Whereabouts forms) will be maintained, used and disseminated by us for the lawful purposes of carrying out our functions as authorised under the Australian Sports Anti-Doping Authority Act 2006 (ASADA Act) and the Australian Sports Anti-Doping Authority Regulations 2006 (ASADA Regulations).
When collecting, storing, using and disclosing your personal information we are bound by the Privacy Act 1988 (which incorporates the Australian Privacy Principles), the ASADA Act and the ASADA Regulations (which contains the National Anti-Doping (NAD) Scheme). We also have regard to the World Anti-Doping Code (the Code), as well as recognises the International Standard for the Protection of Privacy and Personal Information as published by the World Anti-Doping Agency (WADA).
Categories of personal information
An athlete's personal information is all information related to the Doping Control process, and administration of the NAD Scheme including, but not limited to intelligence, investigations, test distribution planning, athlete whereabouts, sample collection and handling, laboratory analysis, results management, hearings and appeals.
The laboratory analysis results include:
- detection of a prohibited substance, its metabolites or markers or any evidence of use of prohibited method/s identified on the WADA Prohibited List
- detection of the presence of other substances not included in the WADA Prohibited List as may be directed by WADA pursuant to monitoring programme described in Article 4.5 of the Code
- longitudinal profile of haematological parameters such as haemoglobin and red blood count over a specified period of time as well as T/E ratio
- or results from other tests or analysis that may be conducted on your sample or that may be developed in future to identify the presence of prohibited substances or the use of prohibited methods.
We use databases known as EUGENE and the Athlete Whereabouts Online System (AWOS) to store an athlete's personal information and to share that information in accordance with the requirements of the NAD Scheme and the Code.
Strong technological, organisational and other security measures have been applied to EUGENE and AWOS to maintain the security of the personal information they contain.
WADA has also developed a database management tool, ADAMS, which we may also, in the future, use to store an athlete's personal information. Information relating to any Therapeutic Use Exemption (TUE) an athlete may apply for may also be stored in ADAMS by the Australian Sports Drug Medical Advisory Committee (ASDMAC).
EUGENE/AWOS and ADAMS enables Anti-Doping Organisations (ADOs) (e.g. ASADA, ASDMAC, national anti-doping agencies, international or national sporting federations, sports administration bodies and major games organisers) and WADA to conduct harmonised, coordinated and effective anti-doping programmes and to fulfil their respective responsibilities arising under the Code.
EUGENE/AWOS and ADAMS may be used for scheduling in- and out-of-competition doping control and managing related information, including TUE information, related to athlete whereabouts, information about the results of anti-doping tests, and sanctions-related information relevant to individual athletes.
EUGENE/AWOS/ADAMS may contain the following categories of personal information:
- data relating to an athlete's identity (name, nationality, date of birth, gender, sport and discipline the athlete competes in, organisations and/or sports federations to which the athlete belongs, indication whether the athlete competes at an international or national level)
- data relating to the athlete's whereabouts (training, competitions, travel, time at home, vacation, any other regular or exceptional activities)
- data relating to test distribution planning (for the testing pools in which the athlete participates)
- data relating to an athlete's TUE, if any
- data relating to Doping Control (test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals).
We use the EUGENE/AWOS and/or ADAMS data-management system to process and manage, including disclose to authorised recipients, the athlete's Doping Control related data.
An athlete's personal information may be made available to authorised ADOs, for instance, designated national ADOs, the athlete's international or national sporting federations, sporting administration bodies or major games organisers, in accordance with the NAD Scheme and the Code and processed in accordance with the anti-doping provisions of the NAD Scheme and the Code.
An athlete's personal information may also be made available, in part, to WADA, which will need to process certain information in order to fulfil its obligations and responsibilities under the Code.
WADA-accredited laboratories will need to receive an athlete's specimens and possibly other data relating to the athlete; however, such laboratories will only be provided with de-identified, key-coded data and specimens that will not enable the laboratories to identify the athlete.
The athlete's personal information may also be disclosed in accordance with the NAD Scheme to relevant government sports agencies (such as the Australian Sports Commission, Australian Olympic Committee and State and Territory sporting academies) and other relevant government agencies (such as the Australian Federal Police, Australian Customs Service, Therapeutic Goods Administration or State and Territory law enforcement bodies).
ADOs, WADA and accredited laboratories will process an athlete's personal information only for the purpose of ensuring harmonised, coordinated and effective anti-doping programmes in sport.
Prior to us disclosing an athlete's personal information to external bodies, we must ensure that the external body has completed a written undertaking that the athlete's personal information will be treated in confidence. We must also take reasonable steps to ensure that the information will not be disclosed in a way that would be unfairly prejudicial to the athlete's interests.
Athletes have certain rights under the Privacy Act 1988 and Australian Privacy Principles in relation to their personal information, including rights to access and/or correct any inaccurate data, and remedies and rights of redress for any unlawful processing of their personal information.
To the extent that an athlete has any concerns about the processing of their personal information they may consult with our Privacy Contact Officer on +61 (0) 2 6222 4200, WADA (www.wada-ama.org), and/or their federation or national anti-doping agency, as appropriate.
Any complaints about our personal information handling practices can also be made to the Privacy Commissioner.
An athlete's personal information is stored by us in accordance with the Archives Act 1983. Generally, we will store the athlete's personal information for no more than ten years. In limited circumstances, the Archives Act 1983 requires us to store your information for longer periods (such as when the athlete's information is used in litigation that creates a precedent).
An athlete may at any time revoke consent for the processing of their personal information, although in that event, and as noted above, it still may be necessary for us, ADOs and WADA to continue to process (including retain) an athlete's personal information to fulfil obligations and responsibilities arising under the NAD Scheme, the Code and applicable laws. Examples of such obligations include:
- to commence or pursue investigations involving suspected anti-doping rule violations relating to an athlete
- to conduct or participate in proceedings involving suspected anti-doping rule violations relating to an athlete, or
- to establish, exercise or defend against legal claims relating to us or other bodies, an athlete or both.
(Note: any withdrawal of consent or any request for deletion of personal information, which is motivated principally by a desire to render testing, investigation and results management (including associated disciplinary hearings, appeals and adjudications) conducted by us, other anti-doping or sports organisations or WADA more difficult or impossible, may be considered Tampering under the NAD Scheme or the Code and be sanctioned as such.)
An athlete must understand:
- that their participation in organised sporting events is contingent upon their adherence at all times to the rules contained in the NAD Scheme, the Code and their relevant sports organisations policies, including, among other things, their voluntary participation in anti-doping procedures set forth in the Code and thus the processing of personal information as described in this form.
- that the withdrawal of their consent to the processing of their personal information will be construed as a refusal to participate in those anti-doping procedures mandated by the NAD Scheme, the Code and their relevant sports organisations policies. This could exclude the athlete from further participation in organised sporting events, and may result in disciplinary or other sanctions being imposed upon them, such as disqualification from competitions in which they are scheduled to participate or the invalidation of results arising from prior competitions.
It is possible that an athlete's personal information (such as their urine/blood sample) may be used for the purposes of anti-doping research. Anti-doping research will generally be conducted by WADA accredited laboratories. The Australian Sports Drug Testing Laboratory is the Australian WADA accredited laboratory.
The research performed by us or a WADA accredited laboratory on samples is generally directed at developing or enhancing the effectiveness of new anti-doping tests for prohibited substances. This benefits the wider anti-doping community through greater detection capabilities.
The Code requires that if an athlete's sample is to be used for anti-doping research all means of identification (for example sample numbers from testing bottles) must be removed. This ensures that samples cannot be traced back to particular athletes.
In order for an athlete's sample to be used for anti-doping research purposes, the athlete must consent in writing. Reference to this is included in the Doping Control Test Form.
An athlete may withdraw their consent by contacting our Privacy Contact Officer on +61 (0) 2 6222 4200. There are no consequences for withdrawing your consent. However, if an athlete's withdrawal of consent occurs after their sample has been de-identified and used for research it will not be possible to eliminate the data obtained from sample for research purposes.