Athletes, the World Anti-Doping Code and Privacy Rights

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Athletes, the World Anti-Doping Code and
Privacy Rights

• What Future?
• John Mendoza
• CEO, Australian Sports Drug Agency

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ASDA - Overview

• Federal Statutory Authority
• ASDA Act 1990
• Federal Govt funding 70
• Accountable to Parliament
• Independent from sport

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ASDA - Overview

• ASDAs Mission
• To deter the use of banned doping practices in
  sport through
• Education
• Testing
• Advocacy
• Coordination of Australias anti-doping programs
• ASDAs Vision
• Pure Performance in Sport

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Snapshot of what we do


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Why such processes?

• (Internal) Physical Manipulation

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Why such processes?

• (Internal) Physical Manipulation cont.

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Why such processes?
External Physical Manipulation - The Original
Whizzinator!

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Why such processes?

• External Physical Manipulation The Original
  Whizzinator

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Drug Testing

• Invasive procedure
• Urine Blood
• Other info that can be obtained
• Athlete rights need to be carefully protected.

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Protecting Athlete Rights
Commonwealth Privacy Act Drug Testing
Legislation - ASDA Act. Statement of Competitor
Rights Confidentiality Requirements

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Protecting Athlete Rights

• Statement of Competitor Rights under the ASDA Act
• Right to be notified of consequences
• Right to be notified of entry on Register
• Right to apply to AAT for review of ASDA
  decision
• Right to be notified of rights
• Right to have other rights conferred
• Right to to waive any rights.

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Protecting Athlete Rights
Notification of Rights and Responsibilities
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Protecting Athlete Rights

• ASDA Act - Confidentiality Requirements
• Staff and contractors
• Criminal penalties
• Strict notification of results

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Support for ASDA Programs

• Athletes
• Stakeholders and Clients
• The Public

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Athlete Support

• you guys are here for our benefit if it
  saves other athletes from testing positive then
  its going to benefit Australian sport
• Athlete comment, ASDA Athlete Focus Groups,
• March 2003.

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Athlete Support

• Athlete-driven process
• Clean athletes willingly participate in drug
  testing to ensure that they are able to compete
  on a level playing field.

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World Anti-Doping Code

• Global anti-doping rules which apply across all
  sports and all nations and all elite athletes in
  the world.
• Harmonise all anti-doping programs and
  procedures.
• Endorsed by the world sporting community and
  governments (Copenhagen Declaration) in March
  2003.
• Code to be implemented by
• Sport, NADOs, NOCS Athens 2004
• Governments Turin 2006

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World Anti-Doping Code

• Implications - Athlete Rights
• Application of national privacy laws in the
  global environment
• Access to information and medical records
• Athlete consent
• Confidentiality requirements
• Operation of global sport v national laws
  potential conflicts

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World Anti-Doping Code

• Example of implications for Athlete Rights
• Under the Code there is an increased
  responsibility on athletes to provide accurate
  and up to date whereabouts information.
• Issues still to be addressed
• How is this information to be collected and
  protected?
• Who has access to this information and how can
  access be controlled?
• Who is responsible for obtaining athlete consent
  and ensuring that athletes understand their
  rights and responsibilities

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World Anti-Doping Code

• What does this mean?
• Athletes through their membership with sport are
  bound by these rules.
• NADOs are compelled to provide information in
  accordance with the notification requirements
  under the Code.
• Mechanisms are still to be developed to ensure
  the protection of athlete rights
• TUE Standard to govern use of medical
  information.
• Proposed WADA Clearinghouse to control athlete
  information and test results.
• Domestic safeguards can only reach so far to
  protect athletes
• from significant exposure in the
  international arena.

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What does the future hold?

• Tracking system to locate athletes 24/7
• What then happens to other information that such
  a system brings to light, ie health matters,
  criminal acts.
• Gene technology
• What techniques may be required to uncover
  genetically manipulated cheats?
• Other implications, ie. for family members if
  genetic info is uncovered.

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Gene Doping the impact
FrankenMouse!
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More FrankenMouse! The Gory Version
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Conclusion

• The success of the Code will depend on the
  balance between maintaining athlete rights and
  athlete support for the system while still
  implementing effective methods for protecting the
  integrity of sport.

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Thank you