Loni Riskin receives her ISPAward from Henri-Jean Pollet, president of ISPA Belgium.
Doping control and data protection might seem topics not that closely related to each other. However, the GDPR applies to a large part of the data processing taking place in the anti-doping process. A lot of sensitive data is being processed in the context of doping control. Yet, WADA’s World Anti-Doping Code (WADC), applied by more than 700 sport organizations, still falls short in terms of GDPR compatibility.
A legal analysis of the GDPR and WADC has shown several points of conflict. For example, the WADC defines different grounds based on which sensitive data can be processed, such as explicit consent. However, the GDPR requires that when information is processed based on explicit consent, this consent needs to be ‘freely given’. Yet, if an athlete does not want to provide their consent, the WADC prescribes harsh sanctions and negative consequences for the athlete. It is therefore hard to classify this consent as ‘freely given’, since athletes could feel obliged to give consent.
Furthermore, WADA requires the automatic and mandatory publication on the internet of all anti-doping violations, including the name of the athlete and the sanctions imposed, for a period of at least one month. This however does not seem to be conform the GDPR’s proportionality principle. WADA sees this publication as necessary for athletes to not take on another role in sport, but less intrusive measures such as a certificate of good conduct, which these athletes wouldn’t be able to provide, can fulfill this role.
These are just a few examples, but they show that a more far-reaching adaptation of the WADA documents to the GDPR remains desirable. However, even though they agree with some adjustments, interviews with athletes, coaches and sport federations have shown that they think it is good that some anti-doping rules are so intrusive, since it scares off other athletes to take doping. They fear that if the current measures are adjusted to be more GDPR-compliant, this will lower the threshold to doping violations and make doping controls more difficult. So while this research answered a lot of questions, the question still arises of how to find measures that are both more in line with the GDPR and considers the comments made by athletes and sports federations.
After the long covid pandemic, ISPA is delighted to announce its next real life event: the ISPA Awards. On the 17th of May, the annual ISPAward will be presented to the deserving winner, Loni Riskin, who unanimously convinced the jury members with her research on data privacy and the fight against doping in professional sport events.
Loni will present her research during a brief introduction, after which she will receive a cheque worth €1000. For our members, this award ceremony is the perfect moment to meet again after a long wait. For more information about this event, or to confirm your attendance, please send a mail to firstname.lastname@example.org.
Compete for the I.S.P.A.!
Have you written a dissertation on an Internet-related topic? Have you developed a revolutionary piece on Internet technology? Have you done in-depth research on a critical legal aspect? Have you reflected on the challenges of Internet governance? Then do not hesitate to compete for the Internet Student Paper Award, or I.S.P.A.!
- An opportunity to impress the Belgian Internet sector with your research
- The winning dissertation will be published on our website
- The laureate receives €1000
How can I participate?
Summarise your findings in an attractive and accessible article of maximum 2500 words. Feel free to add some pictures and graphs. Send your summary and your dissertation to email@example.com on September 30th, 2019 at the latest.
What is ISPA?
The Internet Service Providers Association (ISPA) brings together not only access and service providers but also hosting and transit providers in Belgium. ISPA aims to serve as a rallying point for the Internet industry so as to ensure that the potential of the Internet is used to the full, from the point of view of both consumers and professionals.
The rules and regulation can be accessed here.
Should you have any further questions,do not hesitate to contact us at firstname.lastname@example.org.