PRIVACY POLICY
(ATHLETES, SPORT PROFESSIONALS)
(ATHLETES, SPORT PROFESSIONALS)
This data processing information (hereinafter the Information) aims to provide adequate information on the data management, data management principles and rules in force by the Hungarian Anti-Doping Group Public Limited Company (headquarters: 1146 Budapest, Istvámezei út 2 / C, 7th floor 99.; hereinafter referred to as Controller or HUNADO).
1. Controller
| Company name of the Controller: | Hungarian Antidoping Group Public Nonprofit Ltd. |
| Registered office of Controller: | 1146 Budapest, Istvánmezei út 2/C, 7th floor 99. |
| Phone number of Controller: | +36 1 273 1715 |
| Name of Data Protection Officer: | Dr. Szabó Gergely Balázs |
| Email of Data Protection Officer: | dpo@antidopping.hu |
- HUNADO has its current Privacy Policy on its website (www.antidopping.hu) in electronic form.
- Purpose and legal basis of Data Processing regarding Athletes and Sport Professionals
As the National Anti-Doping Organization of Hungary, HUNADO is an organization entitled and obliged to process the data of Athletes and Sports Professionals.
▪ The purpose of Data Processing: effective implementation of anti-doping activities by HUNADO as a National Anti-Doping Organization.1
▪ The legal basis of Data Management: (i) HUNADO is an organization entitled and obliged to process the Athlete's personal data in the public interest.
▪ The purpose of Data Processing: effective implementation of anti-doping activities by HUNADO as a National Anti-Doping Organization.1
▪ The legal basis of Data Management: (i) HUNADO is an organization entitled and obliged to process the Athlete's personal data in the public interest.
- Legal basis
The interest of carrying out anti-doping activities is a substantial public interest [Article 6 GDPR. Paragraph 1 (e)], as follows:
- Act I of 2004 on Sport (hereinafter: the “Sport Act”) classifies the protection of the purity of sport and the reduction of prohibited performance enhancements as a substantial public interest, on the basis of which HUNADO is entitled to process personal data, including health, genetic and biometric data.
- In the field of anti-doping, the management and transfer of data, in view of the large number of data subjects and cross-border global cooperation, is also mentioned in the current Data Protection Regulation (GDPR) itself in the context of the "public interest", with the aim of restricting and/or eliminating the use of doping substances in sport.
Data processed for the purpose of monitoring compliance with the anti-doping rules and conducting a doping test: a) surname and first name,
- place and time of birth,
- address, residence, telephone number and e-mail address,
1 Specific objectives mentioned by Act I of 2004 on Sport: monitoring compliance with the doping ban, conducting doping tests, conducting other (non-analytical) tests and detecting prohibited substances or methods on the Prohibited List, conducting procedures that are part of doping control, recording sanctions imposed in doping proceedings.
- the data of the person entitled to legal representation in accordance with points a) to c) in case of if the athlete is minor or has limited legal capacity,
- name of the sports federation, sport and discipline,
- disability, if it affects the conduct of the test,
- portrait,
- information on its availability in accordance with international standards for the purpose of conducting an investigation under the Government Anti-Doping Rules; and i) information on the membership of the national team.
Data processed for the purpose of monitoring compliance with the anti-doping rules, conducting an investigation in accordance with the Government Decree on Anti-Doping Rules and detecting a prohibited substance or method, conducting procedures that are part of doping control, recording data imposed in doping proceedings: 1. surname and first name,
- place and time of birth,
- gender,
- address, residence, telephone number and e-mail address,
- nationality,
- portrait,
- the data of the person entitled to legal representation in accordance with points 1. 2. and 4. in case of minority or limited legal capacity,
- name of the sports federation, sport and discipline,
- list of drugs declared to be used within 7 days of the doping control (such as medicines, food supplements, alcohol), including dosage and date last taken, that can affect to the result of the doping test,
- competition license, start license number, athlete status,
- in the case of a disabled athlete, an indication of the disability,
- data provided by the competitor regarding his / her availability for the purpose of conducting a test, in accordance with international standards,
- period of validity of the sports doctor's license,
- biological material from an athlete (urine-, blood-, hair-, salvia sample or other biological material that provides an individual genetic profile of the Athlete),
- test results of the sampling,
- a prohibited substance or method included in the Prohibited List under the Government Decree on Anti-Doping Activity detected as a result of a doping control,
- a description of the other conduct giving rise to the doping rule violation, 18.the indication of the doping rule violation and the doping penalty imposed.
Data processed for the purpose of monitoring compliance with the prohibition on doping, conducting an investigation in accordance with the Government Decree on the rules of anti-doping activities and detecting a prohibited substance or method, conducting procedures as part of doping control, recording data imposed in doping proceedings:
- the surname and first name of the coach and sports doctor or general practitioner of the Athlete involved in the doping control,
- the surname and first name, place and date of birth of the Athlete's official companion during sampling,
- the surname and first name, place of residence, whereabouts, telephone number and e-mail address of the
Doping Control Officer conducting the investigation; and
- the surname and first name, place of residence, telephone number and e-mail address of the person involved in the doping procedure.
Can the personal data you provide be transferred to a third party?
Yes. If HUNADO is obliged to transfer the data it handles under the World Anti-Doping Code, your personal data will only be transferred to the anti-doping organization competent for you (in particular: HUNADO, the International Sports Federations, the International Olympic Committee, and WADA) or to the acting laboratory, expert or panel of experts (Athlete Passport Management Units) or to the Sample Collection Authority involved by HUNADO, and the Minister responsible for sports in order to achieve the objectives of the World Anti-Doping Code.
- Can the personal data you provide be transferred to a country outside the European Union?
Yes. Anti-doping activity is a globally regulated activity with international actors (e.g., international sports federations, WADA, International Olympic Committee). Under current data protection legislation
▪ HUNADO is entitled to transfer personal data to a third country to international anti-doping organizations in order to monitor compliance with the anti-doping prohibition, to conduct procedures forming part of doping control, and to record sanctions imposed in doping proceedings (Act I of 2004 on Sport), and
▪ the transfer of data in order to reduce and / or eliminate the use of doping substances in sport after an overriding reason relating to the public interest is justified (GDPR, Preamble, paragraph 112).
If you undergo a doping control, your sampling information will be recorded in the ADAMS (Anti-Doping
Administration & Management System). Once Therapeutic Use Exemptions (TUEs) are overseen by the
International Anti-Doping Agency (WADA), TUEs and Athlete Doping Offenses are also officially registered by ADAMS. The ADAMS system is maintained and operated by Montreal-based WADA on its Canadian server. Canada will provide a level of data protection in accordance with European Union requirements pursuant to a decision of the European Commission. You can find out more about the European Commission's compliance decisions and the countries that provide an adequate level of data protection in the European Commission's website: https://ec.europa.eu
HUNADO's server is located in the European Union, Hungary.
8. Can the details of Athletes who commit a doping rule violation be made public?
▪ HUNADO is entitled to transfer personal data to a third country to international anti-doping organizations in order to monitor compliance with the anti-doping prohibition, to conduct procedures forming part of doping control, and to record sanctions imposed in doping proceedings (Act I of 2004 on Sport), and
▪ the transfer of data in order to reduce and / or eliminate the use of doping substances in sport after an overriding reason relating to the public interest is justified (GDPR, Preamble, paragraph 112).
If you undergo a doping control, your sampling information will be recorded in the ADAMS (Anti-Doping
Administration & Management System). Once Therapeutic Use Exemptions (TUEs) are overseen by the
International Anti-Doping Agency (WADA), TUEs and Athlete Doping Offenses are also officially registered by ADAMS. The ADAMS system is maintained and operated by Montreal-based WADA on its Canadian server. Canada will provide a level of data protection in accordance with European Union requirements pursuant to a decision of the European Commission. You can find out more about the European Commission's compliance decisions and the countries that provide an adequate level of data protection in the European Commission's website: https://ec.europa.eu
HUNADO's server is located in the European Union, Hungary.
8. Can the details of Athletes who commit a doping rule violation be made public?
Yes, but only to the extent specified by law. Under applicable law, HUNADO is required to disclose:
- the competitor's sport in the case of a positive test result for the analysis of Sample A or, in the case of other conduct giving rise to an anti-doping rule violation, pursuant to Article 14.3.1 of the HUNADO AntiDoping Rules applicable based in the Government Decree 363/2021 on anti-doping activity (VI. 28.);
- following a final decision to terminate a doping procedure, a positive test result or other conduct giving rise to an anti-doping rule violation, a final doping sanction imposed as a result of the anti-doping procedure, the name and sport of the competitor / sports professional, indicating the Prohibited Substance or Method according to the Prohibited List authorized by Act I of 2004 on Sport.
Data in the ADAMS system will be stored for a period of time in accordance with Sports Act I of 2004 and WADA data protection regulations. The duration of data retention is set forth in Annex A of the WADA International Standards for the Protection of Privacy and Personal Information ("ISPPPI") and in the Sports Act. The summary table based on this will be displayed on HUNADO’s website.
The data management period of national level athletes in the HUNADO registration system is adapted to your active athlete status. Your data will be deleted on the day on which your active athlete status - based on the report of your sports federation or yours - has been terminated. Exceptions to this are only the storage of data under the Sports Act or the ISPPPI (e.g. storage of the sample within the limitation period).
- Please keep the username and password provided to ADAMS and HUNADO confidential at all times:
▪ do not make it available to unauthorized third parties; ▪ do not communicate it to such a person; ▪ do not destroy or lose it.
HUNADO shall not be liable if you manage your username or password in a manner contrary to these Regulations, make it available to unauthorized third parties, disclose, destroy, lose it, and if you are directly or indirectly disadvantaged or harmed as a result.
If you wish to entrust a third party with the handling of location information, please request a so-called “Manager code”, a form of which can be found on HUNADO’s website. For the security of your information, we will only accept the submission of this form from the email address you have already provided in ADAMS as your contact email address.
11. What rights do you have as the owner of personal data?
HUNADO shall not be liable if you manage your username or password in a manner contrary to these Regulations, make it available to unauthorized third parties, disclose, destroy, lose it, and if you are directly or indirectly disadvantaged or harmed as a result.
If you wish to entrust a third party with the handling of location information, please request a so-called “Manager code”, a form of which can be found on HUNADO’s website. For the security of your information, we will only accept the submission of this form from the email address you have already provided in ADAMS as your contact email address.
We would like to inform you that in connection with the data processing performed by HUNADO, you have the following rights:
- request access to your personal data;
- rectification, or restriction of their processing,
- object to the unlawful processing of your personal data,
- receive your personal data in a machine-readable format or to have this data transferred to another data processor, unless2 to do so in a particular case plainly conflicts with the integrity of the anti-doping system, or HUNADO’s ability to plan or conduct no advance notice testing or investigate / establish anti-doping rules.
If you become aware of the illegal handling of your data, please notify us by sending an e-mail to dpo@antidopping.hu
12. What are the remedies available to you?
If you find that HUNADO is in breach of data protection law with regard to the processing of your personal data, you may lodge an appeal with the territorially competent court or the National Data Protection and Freedom of Information Authority in order to protect your rights.
Contact details of the National Authority for Data Protection and Freedom of Information:
Nemzeti Adatvédelmi és Információszabadság Hatóság
Phone: +36(1)391-1400
Fax: +36(1)391-1410
Electronic contact: ugyfelszolgalat@naih.hu
Website: http://naih.hu
12. What are the remedies available to you?
If you find that HUNADO is in breach of data protection law with regard to the processing of your personal data, you may lodge an appeal with the territorially competent court or the National Data Protection and Freedom of Information Authority in order to protect your rights.
Contact details of the National Authority for Data Protection and Freedom of Information:
Nemzeti Adatvédelmi és Információszabadság Hatóság
Phone: +36(1)391-1400
Fax: +36(1)391-1410
Electronic contact: ugyfelszolgalat@naih.hu
Website: http://naih.hu
2 WADA ISPPPI, Article 11.1