ANTI-DOPING PRIVACY NOTICE
The FINA is a signatory to the World Anti-Doping Code (the Code) and is responsible for implementing an anti-doping program in the Aquatics Sport. This Privacy Notice describes how we will collect, use and share personal information about you to run our anti-doping program and create a clean sport environment for all athletes.
TYPES OF PERSONAL INFORMATION
The types of personal information we collect depend on your level as an athlete or your role in sport. It will also depend on how the anti-doping rules apply to you.
For example, if you need a therapeutic use exemption, you will need to provide certain medical information. If you are charged with an anti-doping rule violation (ADRV), you may need to provide evidence in your defense. If you are not an athlete, we still may need to collect personal information about you, like education data and identifiers, but we will not ask you for whereabouts or need you to participate in anti-doping testing.
WHY AND HOW WE USE PERSONAL INFORMATION
Our role as an anti-doping organization (ADO) is to detect, deter and prevent doping in sport, in accordance with the Code, the International Standards (IS), and our FINA Anti-Doping Rules. This involves using personal information to carry out the following anti-doping activities:
We also maintain records to improve, monitor and report on our anti-doping activities. This can include creating statistics by aggregating personal information. For example, we create statistics about anti-doping tests we conduct and ADRVs for which we are the results management authority.
WHO WE SHARE INFORMATION WITH
We may need to share your personal information with the following individuals and organizations to run our anti-doping program and respect the Code:
- Individuals you authorize to receive or share your personal information, like an agent, coach, doctor, or a parent or guardian.
- Code Signatories that have testing authority, sample collection authority, or results management authority over you, like a National Anti-Doping Organization, International Federation, or Major Event Organizers.
- WADA (the World Anti-Doping Agency), that ensures all Code Signatories respect the rules of the Code. WADA also operates and manages the Anti-Doping Administration System (ADAMS), a platform hosted in Canada to which we will upload your personal information. Using ADAMS facilitates the collaboration and sharing of information needed to run our anti-doping program.
- Laboratories and Athlete Passport Management Units that analyze anti-doping samples and the Athlete Biological Passport. They are subject to the International Standard for Laboratories, and only have access to coded data (based on sample codes or passport IDs).
- The International Testing Agency (ITA), that is an international organisation constituted as a not-for-profit foundation established in Switzerland, providing independent expert anti-doping services to ADOs. The FINA has contractually delegated the management and implementation of parts of the FINA anti-doping programme to the ITA. As part such delegation, the ITA is duly authorized to collect and process personal data in the context of the implementation and enforcement of the FINA anti-doping programme in accordance with the FINA Doping Control Rules.
- Other delegated third parties and service providers that we hire to help us carry out anti-doping activities and maintain our operations. We require delegated third parties and service providers to agree to strict contractual controls designed to protect your personal information.
- National Federations and Continental Federations, that may receive disciplinary notices or other information concerning their athletes or other affiliated persons.
- Disciplinary panels and hearing bodies (including the Court of Arbitration for Sport), for adjudicating ADRVs and/or other disciplinary offences in accordance with the Code and/or other applicable regulations.
- Public authorities and other relevant bodies (including law enforcement agencies) responsible for enforcing sport and anti-doping laws and for investigating offences tied to doping in sport.
In accordance with the Code, some of your personal information, such as your name, sport and other anti-doping related data may be publicly disclosed in cases where you have been charged with or convicted of an anti-doping rule violation. Your personal information may also be disclosed to third parties in any event where such disclosure (a) is required by law, regulation or compulsory legal process, (b) takes place with your consent, or (c) is necessary to assist law enforcement or governmental or other authorities in the detection, investigation or prosecution of a criminal offence or breach of the Code, provided that the personal information is reasonably relevant to the offence in question.
Your personal information may be made available by FINA or the ITA to third persons or parties, including authorised service providers, WADA and ADOs that are located outside of the European Union and Switzerland. For example, your personal information will be recorded in ADAMS or transferred to authorised service providers or ADOs in countries where you reside, train or participate in competitions. Such transfers are a necessary consequence of participation in organized sport and facilitate the strong public interests served by eliminating doping in sport.
The international transfer of your personal information to third countries and international organizations takes place in accordance with the Code and the ISPPPI. When transferring your personal infromation internationally we make sure to comply with applicable laws and regulations, for example, by ensuring that the recipients of your information maintain appropriate safeguards and provide an adequate level of data protection.
FAIR AND LAWFUL PROCESSING
We process your personal information where necessary and proportionate to our anti-doping program. Under data protection laws, we rely on the following “legal grounds” or “bases” to process personal information for anti-doping activities:
- with your consent; for instance, when you apply for a TUE;
- to comply with anti-doping laws, sports laws, or other applicable laws or compulsory legal processes;
- to serve the substantial public interest of eliminating doping in sport;
- to perform a contract or take necessary steps prior to entering a contract; and
- to fulfill legitimate interests associated with the activities of an ADO
- to protect your vital interests or those of another person
- based on applicable legal provisions authorising the processing of personal information for the purpose of fighting against doping.
You have rights with respect to your personal information under the International Standard for the Protection of Privacy and Personal Information and data protection laws, including the right to a copy of your personal information and to have it corrected, blocked or deleted in certain circumstances. You also have the right to lodge a complaint with us.
Because anti-doping is a mandatory feature of organized sport, it still may be necessary for us, the ITA, WADA, and other ADOs and organizations to continue to process your personal information to fulfill obligations under the Code, the International Standards, or national anti-doping or sport laws, despite your objection to such processing or withdrawal of consent (where applicable). This includes processing for investigations or proceedings related to possible ADRVs, as well as processing to establish, exercise or defend against legal claims involving you, WADA and/or an ADO. Objecting or withdrawing consent could also have consequences for you, such as triggering your non-compliance with the Code and IS, as well as the FINA Doping Control Rules; producing an ADRV (e.g., under Article 2.3 of the Code – Evasion, Refusal or Failure to Submit to Sample Collection); or preventing you from participating in sporting events.
Please Contact Us to exercise your rights or if you have questions or complaints about how we handle personal information.
SAFEGUARDS AND RETENTION
We have adopted measures, including administrative, technical, physical and contractual measures, to protect personal information in our custody and control against theft, loss and unauthorized access, use, modification or disclosure.
We restrict access to personal information on a need-to-know basis to employees and authorized delegated third parties and service providers who require access to fulfill their designated functions. The ADOs we share personal information with are bound by the same standards as us when they handle your personal information. These standards are described in the International Standard for the Protection of Privacy and Personal Information. They include protecting your personal information, deleting it when no longer needed, being transparent, and allowing you to exercise rights like the right to access your personal information.
Your personal information will be kept in accordance with the criteria and retention periods set out in Annex A of the ISPPPI. Retention periods in Annex A can be extended where required by law or for the purpose of conducting an anti-doping investigation or proceeding or for other purposes authorized by the law.
If you have any questions about how we handle personal information, or have any complaints, please contact us at firstname.lastname@example.org.
For any query regarding the processing of personal data by the ITA, you can contact them at email@example.com or by courier at: International Testing Agency (ref. Data Privacy), Avenue de Rhodanie 40b, 1007 Lausanne, Switzerland.
If you are not satisfied with how we have handled any potential complaint, you may notify WADA at firstname.lastname@example.org or email@example.com. WADA will handle the notice in accordance with the International Standard for Compliance by Signatories