This book addresses the tension between, on the one hand, anti-doping practices and measures and, on the other hand, the fundamental rights of athletes. New techniques for testing and re-testing samples taken several years ago, have caused a push by the World Anti-Doping Agency and affiliated organizations for stricter rules, more doping tests and higher sanctions. Meanwhile, many States are adopting new laws and regulations to facilitate this push.
At the same time, privacy and data protection have gained new momentum, especially in the European Union, where the General Data Protection Regulation came into effect in May 2018. It contains new obligations for data controllers and processors, rights for data subjects and sanctions for those violating the data protection rules.
It is clear that gathering whereabouts information on athletes, collecting urine and blood samples, analyzing the samples and using the data distilled there from falls within the scope of the data protection framework. In addition, European athletes can invoke their rights to privacy, fair trial and freedom from discrimination as guaranteed by the European Convention on Human Rights.