Detailed information on privacy and the APPs is available on the Office of the Australian Information Commissioner’s website.
ASDMAC is subject to the provisions of the Privacy Act, the Sport Integrity Australia Act 2020 (Cth), the Sport Integrity Australia Regulations 2020 (Cth) (including the National Anti-Doping scheme) (Regulations), the World Anti-Doping Code (WADC) and the International Standard for Therapeutic Use Exemptions (ISTUE).
Much of the information collected and held by ASDMAC is highly sensitive and personal in nature and ASDMAC places great emphasis on maintaining and enhancing the privacy and security of personal information it holds.
All individuals who have dealings with ASDMAC, including athletes and medical practitioners, are entitled to the protection of their privacy. Penalties apply to those who fail to observe ASDMAC’s privacy obligations. The penalty under the Sport Integrity Australia Act for an unauthorised disclosure of personal information can be imprisonment for two years.
The Privacy Act
The Privacy Act regulates how APP entities collect, hold, use and disclose personal information, and how individuals can access and seek correction of that information. APP entities are:
- Commonwealth agencies, including ASDMAC; and
- private sector organisations;
which are bound by the Privacy Act.
‘Personal Information’ is information or opinion in any form that identifies or enables identification of a living person. The definition in the Privacy Act is:
- “Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.”
‘Sensitive information’ relevantly includes the following types of health information:
“(a) information or an opinion about:
- the health, including an illness, disability or injury, (at any time) of an individual; or
- an individual's expressed wishes about the future provision of health services to the individual; or
- a health service provided, or to be provided, to an individual;
that is also personal information;
(b) other personal information collected to provide, or in providing, a health service to an individual; …”.
ASDMAC is required to comply with the Privacy Act and in particular the thirteen APPs which regulate the collection, holding, use and disclosure of personal information. A copy of the Privacy Act can be obtained from the Federal Register of Legislation.
Why does ASDMAC collects personal information?
ASDMAC only collects personal information for the purpose of its functions and activities as set out at section 52(1) of the Sport Integrity Australia Act and Part 5 of the National Anti-Doping scheme in Schedule 1 to the Regulations (NAD scheme).
ASDMAC’s primary role is to assess and, if appropriate, provide approval for the therapeutic use of WADC prohibited substances and methods for athletes in Australia in accordance with the Sport Integrity Australia Act and Regulations and the ISTUE.
ASDMAC primarily achieves this aim through the consideration and approval of Therapeutic Use Exemption applications made by individuals.
Personal information collected by ASDMAC
In order to undertake its functions, ASDMAC necessarily collects information about individuals who are making an application for a Therapeutic Use Exemption. This may include names of individuals, addresses, ages, private telephone numbers, sport and competition level, medical conditions, details of treatments, details of treating practitioners, medications or supplements used and drug test and Therapeutic Use Exemption application histories.
ASDMAC also collects information about individual medical practitioners supporting any particular Therapeutic Use Exemption application, including their name, qualifications and contact details.
ASDMAC also collects and holds personal information about its members in relation to their appointment to, and membership of ASDMAC, including their name, qualifications, contact details and details of relationships with sporting administration bodies.
ASDMAC also receives secretarial and administrative support from Sport Integrity Australia, and therefore collects and holds personal information in relation to Sport Integrity Australia employees who provide these services including their name and contact details.
Where the above kinds of personal information include sensitive information, such as health information, this information is given the higher level of protection required by the APPs.
Personal information held by ASDMAC is stored on electronic media including in an electronic document and records management system and in databases as well as in paper files managed by Sport Integrity Australia on behalf of ASDMAC. ASDMAC 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.
Use and disclosure of personal information
ASDMAC uses and discloses personal information for the particular purpose for which it was collected or for a directly related secondary purpose.
For example, personal information collected in the course of a Therapeutic Use Exemption application will be used to determine the application (and any appeal), and may be disclosed to other parties, such as consultant medical practitioners, WADA and other Therapeutic Use Exemption Committees. The outcome of an application may be disclosed to sporting administration bodies, Sport Integrity Australia and other national anti-doping organisations, WADA, or other Therapeutic Use Exemption Committees.
ASDMAC will also use and disclose personal information as permitted or required by or under law. In particular, ASDMAC may give advice and information on sports doping and safety matters to Sport Integrity Australia, Sport Australia and sporting administration bodies. For example, ASDMAC may disclose information to Sport Integrity Australia regarding potential anti-doping rule violations. Sport Integrity Australia will only use or disclose information in accordance with its functions under the Sport Integrity Australia Act and Regulations.
We will not otherwise use or disclose your personal information for another purpose unless it is directly related to our functions.
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 of Sport Integrity Australia, a member of the Sport Integrity Australia staff or of the ASDMAC or the Anti-Doping Rule Violation Panel, 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), or
- 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),
- the protected information has already been lawfully made available to the public (section 68D), or
- if the disclosure is by the CEO for the purposes of the Sport Integrity Australia responding to certain public comments (section 68E).
Overseas disclosure of personal information
ASDMAC may be required to disclose your personal information to parties or persons who are located overseas. For example, it may be necessary for ASDMAC to disclose personal information to sporting administration bodies, Therapeutic Use Exemption Committees or anti-doping organisations located overseas in the exercise of its functions under the Sport Integrity Australia Act. International organisations which are likely to receive this type of information include the World Anti-Doping Agency (located in Canada) and International Sporting Federations. ASDMAC may also need to disclose personal information to other parties in relation to a Therapeutic Use Exemption application (such as a supporting medical practitioner) who are located outside of Australia.
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 ASDMAC otherwise intends to disclose personal information to an overseas recipient, and the disclosure is not authorised or required by or under law, ASDMAC will seek your express consent to the disclosure before any information is sent overseas.
Handling of personal information
ASDMAC endeavors to ensure that all electronic and hardcopy protected information or personal information held by ASDMAC is stored in a secure environment. Personal information or protected information will not be released unless the law permits or requires this or the person to whom the information relates grants permission for its release.
Compliance with the Notifiable Data Breaches Scheme and Privacy Code 2017
The Notifiable Data Breaches scheme (established under Part IIIC of the Privacy Act) creates a mandatory requirement for Commonwealth agencies to report on any data breaches which meet the criteria for an ‘eligible data breach’.
Access to, and correction of, personal information
Under the Privacy Act, you (as an individual) have rights to access and correct personal information that ASDMAC holds about you. You also have similar rights under the Freedom of Information Act 1982 (Cth).
If you wish to request ASDMAC to correct your personal information, you should contact the Sport Integrity Australia Privacy Officer via:
Sport Integrity Australia
PO Box 1744
Fyshwick ACT 2609
13 000 27232 and ask for the Privacy Officer.
ASDMAC will deal promptly with your request in accordance with the requirements of the APPs.
If you believe ASDMAC has wrongly collected or used or disclosed your personal information, you can ask to be put through to the Sport Integrity Australia Privacy Officer alternatively you can make a written complaint to email@example.com.
If you are dissatisfied with the investigation, you can complain to the Office of the Australian Information Commissioner who is independent of ASDMAC. The Australian 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.