Any information collected by the Australian Sports Anti-Doping Authority (ASADA) on its forms (such as Doping Control forms or Athlete Whereabouts forms) will be maintained, used and disseminated by ASADA for the lawful purposes of carrying out its functions as authorised under the Australian Sports Anti-Doping Authority Act 2006 and the Australian Sports Anti-Doping Authority Regulations 2006.
When collecting, storing, using and disclosing your personal information ASADA is bound by the Privacy Act 1988 (which incorporate the Information Privacy Principles) and the Australian Sports Anti-Doping Authority Act 2006 and the Australian Sports Anti-Doping Authority Regulations 2006 (which contains the National Anti-Doping (NAD) Scheme). ASADA also has regard to the World Anti-Doping Code 2009 (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).
This Information Notice explains in more detail how your personal information will be used and processed to ensure harmonised, coordinated and effective anti-doping programs for detection, deterrence and prevention of doping.
Categories of personal information
- Your personal information is all information related to the Doping Control process, and administration of the NAD Scheme including, but not limited to investigations, test distribution planning, athlete whereabouts, sample collection and handling (including medication declarations), 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 program 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 that may be developed in future to identify the presence of prohibited substances.
Processing of Personal Information
- ASADA uses databases known as EUGENE and the Athlete Whereabouts Online System (AWOS) to store your 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 ASADA may also, in the future, use to store your personal information. Information relating to any Therapeutic Use Exemption (TUE) you 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 programs 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 your identity (name, nationality, date of birth, gender, sport and discipline you compete in, organisations and/or sports federations to which you belong, indication whether you compete at an international or national level);
• Data relating to your 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 you participate);
• Data relating to your TUE, if any; and
• Data relating to Doping Control (test distribution planning, sample collection and handling including medication declarations, laboratory analysis, results management, hearings and appeals).
- ASADA uses the EUGENE/AWOS and/or ADAMS data-management system to process and manage, including disclose to authorised recipients, your Doping Control related data.
- Your Personal Information may be made available to authorised ADOs, for instance, designated national ADOs, your 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.
- Your 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 your specimens and possibly other data relating to you; however, such laboratories will only be provided with de-identified, key-coded data and specimens that will not enable the laboratories to identify you.
- Your 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 your personal information only for the purpose of ensuring harmonised, coordinated and effective anti-doping programs in sport.
- ADOs, WADA, and accredited laboratories will not disclose any of your personal information other than to those persons within their organisation on a need to know basis.
- Prior to ASADA disclosing any of your personal information to external bodies, ASADA must ensure that the external body has completed a written undertaking that your personal information will be treated in confidence. ASADA must also take reasonable steps to ensure that the information will not be disclosed in a way that would be unfairly prejudicial to your interests.
- You have certain rights under the Privacy Act 1988 and Information Privacy Principles in relation to your personal information, including rights to access and/or correct any inaccurate data, and remedies and rights of redress for any unlawful processing of your personal information.
- To the extent that you have any concerns about the processing of your personal information you may consult with ASADA’s Privacy Contact Officer on +61 (0) 2 6222 4200, WADA (www.wada-ama.org), and/or your federation or national anti-doping agency, as appropriate.
Your personal information is stored by ASADA in accordance with the Archives Act 1983. Generally, ASADA will store your personal information for no more than 10 years. In limited circumstances, the Archives Act 1983 requires ASADA to store your information for longer periods (such as when your information is used in litigation that creates a precedent).
Withdrawal of Consent
You understand that you may at any time revoke consent for the processing of your personal information, although in that event, and as noted above, it still may be necessary for ASADA, ADOs and WADA to continue to process (including retain) certain of your 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 you;
- to conduct or participate in proceedings involving suspected anti-doping rule violations relating to you; or
- to establish, exercise or defend against legal claims relating to ASADA or other bodies, you 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 ASADA, 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.)
- You also understand that your participation in organised sporting events is contingent upon your adherence at all times to the rules contained in the NAD Scheme, the Code and your relevant sports organisations policies, including, among other things, your voluntary participation in anti-doping procedures set forth in the Code and thus the processing of your personal information as described in this form.
- You understand that the withdrawal of your consent to the processing of your personal information will be construed as a refusal to participate in those anti-doping procedures mandated by the NAD Scheme, the Code and your relevant sports organisations policies.
This could exclude you from further participation in organised sporting events, and may result in disciplinary or other sanctions being imposed upon you, such as disqualification from competitions in which you are scheduled to participate or the invalidation of results arising from prior competitions.
- It is possible that your personal information (such as your 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 ASADA 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 your 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 your sample to be used for anti-doping research purposes, you must consent in writing. Please refer to the ASADA Doping Control Test Form.
- You may withdraw your consent by contacting ASADA’s Privacy Contact Officer on +61 (0) 2 6222 4200. There are no consequences for withdrawing your consent. However, if your withdrawal of consent occurs after your sample has been de-identified and used for research it will not be possible to eliminate the data obtained from your sample for research purposes.