ASADA is subject to the provisions of the Privacy Act 1988 (Cth), the Australian Sports Anti-Doping Authority Act 2006 (Cth) (ASADA Act), the Australian Sports Anti-Doping Authority Regulations 2006 (including the National Anti-Doping scheme) and the World Anti-Doping Agency (WADA) International Standard for the Protection of Privacy and Personal Information.
Much of the information collected and held by ASADA is highly sensitive and personal in nature and ASADA places great emphasis on maintaining and enhancing the privacy and security of personal information it holds.
All individuals who have dealings with ASADA, including ASADA staff members, are entitled to the protection of their privacy. Penalties apply to those who fail to observe ASADA’s privacy obligations. The penalty under the ASADA Act for an unauthorised disclosure of personal information can be imprisonment for two years.
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 ASADA; 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:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.”
ASADA 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.
ASADA only collects personal information for the purpose of its functions and activities. ASADA’s primary role is to implement the World Anti-Doping Code in Australia which involves work regarding protecting the health of athletes and the integrity of sport. This is achieved through the implementation of a comprehensive anti-doping program, encompassing engagement, deterrence, detection and enforcement activities.
In order to effectively implement our programs, ASADA collects information about individuals. This may include names of individuals, addresses, ages, private telephone numbers, medical conditions, medications or supplements used and drug test histories. ASADA also collects personal information relating to contract management and for providing secretariat services to the Anti-Doping Rule Violation Panel (ADRVP) and the Australian Sports Drug Medical Advisory Committee (ASDMAC).
ASADA also collects and holds 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
- rehabilitation files
Where the above kinds of personal information include sensitive information, such as health information including medications used by athletes, this information is given the higher level of protection required by the APPs.
Personal Information held by ASADA is stored on electronic media including an electronic document and records management system, databases and paper files. ASADA 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.
ASADA may use or disclose your personal information for the particular purpose for which it was collected or a directly related secondary purpose. The purpose will vary depending on the function and activity being undertaken and may include such things as:
- Test planning
- Anti-doping intelligence or investigation purposes
- Performing personnel functions including those undertaken by outsourced providers
- Work health and safety obligations in relation to staff and contractors
- Recruiting and engaging staff and contractors
- Providing secretariat services to committees and panels
- Contract management
ASADA specific legislation
The ASADA 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 ASADA staff or of the ASDMAC or the ADRVP, or certain other persons, to disclose protected information (see s67 of the ASADA 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 ASADA Act or is in compliance with a requirement of certain other laws. The ASADA Act authorises the disclosure of protected information in certain circumstances, including:
- if the disclosure is for the purposes of the ASADA 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 (s68B);
- if the disclosure is for the purpose of preventing or lessening a serious threat to the life or health of an individual (s68C);
- if the disclosure is by the CEO for the purposes of the ASADA responding to certain public comments (s68E); or
- the protected information has already been lawfully made available to the public (s68D).
Handling of personal information
ASADA endeavours to ensure that all electronic and hardcopy protected information or personal information held by ASADA is stored in a secure environment. Personal information or protected information will not be released unless the law permits or the person to whom the information relates grants permission for its release.
Under the Privacy Act you (as an individual) have rights to access and correct personal information that ASADA holds about you. You also have similar rights under the Freedom of Information Act 1982 (Cth).
If you wish to request the ASADA to correct your personal information, you should contact the ASADA Privacy Officer via:
Write to: Privacy Officer
Australian Sports Anti-Doping Authority
PO Box 1744
Fyshwick ACT 2609
Or phone 13 000 27232 and ask for the Privacy Officer.
ASADA will deal promptly with your request in accordance with the requirements of the APPs.
If you believe ASADA has wrongly collected or used or disclosed your personal information, you can ask to be put through to the ASADA Privacy Officer alternatively you can make a written complaint to firstname.lastname@example.org.
If you are dissatisfied with the investigation, you can complain to the Office of the Australian Information Commissioner who is independent of ASADA. 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.