Privacy

 

INTRODUCTION

Our privacy policy explains how we deal with personal information generally, including its collection, storage, security, access, use and disclosure. For further information, please contact privacy@sportintegrity.gov.au.

This privacy policy describes how Sport Integrity Australia protects and manages personal information, including sensitive information, consistent with our legal obligations.  

Sport Integrity Australia is subject to the provisions of the Privacy Act 1988 (Privacy Act), the Sport Integrity Australia Act 2020 (Cth) (Sport Integrity Australia Act), and the Sport Integrity Australia Regulations 2020 (including the National Anti-Doping scheme). 

We also have regard to the World Anti-Doping Code (the Code) and the International Standard for the Protection of Privacy and Personal Information (ISPPPI) as published by the World Anti-Doping Agency (WADA). 

In this policy, personal information and sensitive information have the meaning given to these terms in the Privacy Act, which is available on the Comlaw website at: www.comlaw.gov.au.  

 

PROTECTION OF PERSONAL INFORMATION

Much of the information collected and held by Sport Integrity Australia is highly sensitive and personal in nature and we place great emphasis on maintaining and enhancing the privacy and security of personal information we hold. 

All individuals who have dealings with us, including Sport Integrity Australia staff members, are entitled to the protection of their privacy. Penalties apply to those who fail to observe Sport Integrity Australia’s privacy obligations. The penalty under the Sport Integrity Australia Act for an unauthorised disclosure of personal information can be imprisonment for two years. 

Athlete Privacy

If you are an athlete, additional information about how we handle your personal information is detailed in our Athlete Privacy Statement. 

 

WHY WE COLLECT PERSONAL INFORMATION 

We only collect personal information for the purpose of our functions and activities. Our main roles are to: 

• prevent, monitor and detect, investigate and take enforcement action in relation to threats to sports integrity 
• coordinate a national response to such matters.  

Threats to sports integrity include: 

• the manipulation of sporting competitions (match fixing) 
• the use of drugs or doping methods in sport 
• the abuse of children and other persons in a sporting environment 
• the failure to protect members of sporting organisations, and other persons in a sporting environment, from bullying, intimidation, discrimination or harassment. 

 

PERSONAL INFORMATION WE COLLECT 

In order to effectively perform our functions and activities, we may collect your personal information.  

Ordinarily, we will collect your personal information directly from you, for example, as part of our anti-doping testing and other programs.  

However, we may also collect your personal information from other people and organisations, including other government agencies and sporting bodies, where: 

• you expressly or impliedly consent (e.g. as part of a testing program) 
• this is required or authorised by or under the Sport Integrity Australia Act and Regulations or another Australian law 
• it is impractical or unreasonable to collect it from you (e.g. as part of performing our investigative functions). 

Kinds of Information

Information we collect includes, but is not limited to: 

• Identity data (name, nationality, date of birth, gender) 
• Contact details (address, phone number, email) 
• Participation information (e.g. sport and discipline you compete in, organisations and/or sports federations to which you belong, current level of competition, events, relationships with coaches and medical professionals) 
• Athlete whereabouts data (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 you participate) 
• Medical or biological information including: 
  • medical conditions and medications or supplements used e.g. for a therapeutic use exemption (TUE) 
  • information derived from laboratory analysis of samples and specimens 
  • Information collected as part of results management (e.g. drug test histories), hearings and appeals. 

Sport Integrity Australia also collects personal information relating to contract management and for providing secretariat services to the Australian Sports Drug Medical Advisory Committee (ASDMAC). 

Additionally, we collect and hold personal information in relation to employees, job applicants, contractors and others in relation to employment. The personal and sensitive information may include records relating to: 

• Personnel (including correspondence, travel records, curricula vitae and remuneration) 
• payroll matters 
• disciplinary and counselling matters 
• applications for employment 
• security clearances and police record checks 
• travel records 
• work health and safety matters including: 
  • accident and injury records 
  • compensation 
  • rehabilitation files 

The above kinds of personal information may include sensitive information, such as health information including medications used by athletes. We may collect sensitive information with your consent, or if: 

• reasonably necessary for, or directly related to our functions 
• required or authorised by or under the Sport Integrity Australia Act, Sport Integrity Australia Regulations or another Australian law 
• the collection is otherwise permitted under the Privacy Act, for example, where a permitted general situation exists (e.g. to lessen or prevent a serious threat to life, health or safety). 

 

USE AND DISCLOSURE OF PERSONAL INFORMATION

We may use or disclose your personal information for the particular purpose for which it was collected. We may use or disclose personal information for another purpose if: 

• you expressly or impliedly consent (e.g. for research as part of a testing program) 
• you reasonably expect us to use or disclose the information for the other purpose and it is either related, or directly related (in the case of sensitive information), to the purpose for which the information was collected (e.g. to conduct user satisfaction surveys) 
• we are required or authorised by or under the Sport Integrity Australia Act and Regulations or another Australian law (e.g. to anti-doping organisations and sporting bodies) 
• we reasonably believe that the use or disclosure is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body (e.g. to refer suspected match-fixing or child abuse to relevant authorities) 
• a permitted general situation exists as defined in the Privacy Act (e.g. to lessen or prevent a serious threat to life, health or safety).

If your sport has adopted the National Integrity Framework, information relating to complaints submitted to Sport Integrity Australia may be used and disclosed in accordance with your sport’s Complaints, Disputes & Discipline Policy.

 

SPORT INTEGRITY AUSTRALIA SPECIFIC LEGISLATION 

The Sport Integrity Australia Act and Regulations impose strict legal obligations on entrusted persons in relation to the disclosure of protected information. 

It is an offence for the CEO, a member of the Sport Integrity Australia staff, the ASDMAC, or certain other persons, to disclose protected information (see section 67 of the Sport Integrity Australia Act) to a person other than the person to whom the information relates. 

However, it is not an offence if the disclosure is authorised by the Sport Integrity Australia Act or is in compliance with a requirement of certain other laws. The Sport Integrity Australia Act authorises the disclosure of protected information in certain circumstances, including: 

• if the disclosure is for the purposes of the Sport Integrity Australia Act (section 68);
• if the disclosure will enable or assist another body or person to perform or exercise any of the functions, duties or powers of the body or person (section 68B); 
• if the disclosure is for the purpose of preventing or lessening a serious threat to the life or health of an individual (section 68C); 
• if the disclosure is by the CEO for the purposes of the Sport Integrity Australia responding to certain public comments (section 68E); or 
• the protected information has already been lawfully made available to the public (section 68D). 

 

OVERSEAS DISCLOSURE OF PERSONAL INFORMATION 

We may be required to disclose your personal information to parties or persons who are located overseas. For example, it may be necessary for us to disclose personal information to Anti-Doping Organisations (ADO), sporting bodies, government agencies or enforcement bodies located overseas in the exercise of our functions under the Sport Integrity Australia Act.  

International organisations which are likely to receive this type of information include WADA (located in Canada), International Sporting Federations, bodies established by International Sporting Federations to investigate integrity breaches in the sport, major games organisers, foreign national anti-doping organisations, and any other organisation that is a signatory to the Code and is responsible for undertaking any part of the doping control process.  

Where information is disclosed to WADA, for example by including information in the Anti-Doping Administration and Management System (ADAMS), this information is subject to protections under Canadian law, specifically the Personal Information Protection and Electronic Documents Act (PIPEDA).  

If we store your personal information in databases such as the Athlete Whereabouts Online System (AWOS) and ADAMS, ADOs, national anti-doping agencies, international or national sporting federations, sports bodies and major games organisers may be able to access your data in countries where you compete, train or travel.

For more information, see the Sport Integrity Australia Athlete Privacy Statement.

Otherwise, we will only send your personal information overseas with your consent, or if: 

• required or permitted under the Code, International Standards or any other anti-doping rules or requirements 
• the disclosure is made to an overseas enforcement body that performs similar functions or exercises similar powers to Sport Integrity Australia.

 

SECURITY OF PERSONAL INFORMATION

Personal Information held by Sport Integrity Australia is stored on secure media including an electronic document and records management system, databases and paper files. Sport Integrity Australia stores and disposes of personal information in accordance with the Archives Act 1983 (Cth). Electronic and paper records containing personal information are protected in accordance with Australian Government security policies. 

If Sport Integrity Australia becomes aware of a data breach or possible data breach, we will take action in accordance with our data breach response plan. We will notify the Information Commissioner and affected individuals of any data breaches which meet the criteria for an ‘eligible data breach’ as required by the Notifiable Data Breaches scheme (established under Part IIIC of the Act). 

 

ACCESS TO, AND CORRECTION OF, PERSONAL INFORMATION 

Under the Privacy Act, you have a right to request access to your personal information or to request its correction if it is inaccurate, out-of-date, incomplete, irrelevant or misleading. You also have similar rights under the Freedom of Information Act 1982 (Cth). 

You can request access to or correction of your personal information by writing to Sport Integrity Australia using the contact details set out in this policy. The request must specify the information you seek to access or correct, as well as your contact details (an email or mailing address). Before providing access to or correcting your personal information, we may require you to verify your identity.  

We will deal promptly with any access or correction request in accordance with the requirements of the APPs.  

 

YOUR OBLIGATIONS DURING AN INVESTIGATION

If you are involved in a Sport Integrity Australia investigation into a complaint under your sport’s National Integrity Framework, regardless of whether this is as a respondent, a complainant, a witness, or a parent/guardian or support person to another person involved in the process, you will be required to keep information about the investigation confidential for the duration of the complaint handling process, in order to ensure that the complaints process is not compromised. This may be until the investigation is finalised, or, if a finding is made against the Respondent, may continue to the conclusion of any hearing tribunal.

This means that you must not discuss information about the investigation process with anyone not directly involved, including media or other people involved in the sport who are not involved in the complaint. This does not mean that you are not able to speak on a confidential basis to a Member Protection Information Officer in your sport, a legal or other professional adviser, or (if you are a complainant or a respondent) a person who may be able to give evidence as a witness to the investigation to confirm whether they consent to you providing their details to Sport Integrity Australia.

You may be required to continue to keep certain information confidential after the investigation has been finalised where you have been given access to personal information or sensitive information of another person as part of the complaints process.

 

COMPLAINTS PROCESS

Any complaint about our privacy practices can be made in writing using the contact details set out in this policy.  

If you are dissatisfied with our response, you can complain to the Information Commissioner who is independent of Sport Integrity Australia. The Information Commissioner has the power to investigate complaints about possible breaches of the Privacy Act.  

Further information can be obtained directly from the Office of the Australian Information Commissioner at www.oaic.gov.au (https://www.oaic.gov.au/).

 

FURTHER INFORMATION

To find out more about how we manage personal information, contact our Privacy Officer via:

Email: privacy@sportintegrity.gov.au  

Write to: Address: PO Box 1744, Fyshwick, ACT, 2609 

Or phone 1300 027 232 and ask for the Privacy Officer. 

From time to time, we will review and revise this Privacy Policy. We reserve the right to amend this policy at any time and any amendments will be notified by posting an updated version on our website.