EU court: Names of athletes caught doping not always to be published

The European Union's Court of Justice issued a ruling on Tuesday clarifying the conditions under which the names of athletes sanctioned for doping violations can be published. The World Anti-Doping Agency's (WADA) rules typically involve the automatic online publication of all athletes' names found to have committed doping offenses.

However, the EU court's decision states that publishing an athlete's name, the duration of their ban, and the reasons for the sanction is permissible under the EU's General Data Protection Regulation (GDPR). This is contingent on a case-by-case assessment. The ruling originated from a legal dispute in Austria, where four athletes who had tested positive for doping appealed to the Administrative Court, objecting to the publication of their names and sports on the national anti-doping agency's website.

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The publication of a name on a website must not last longer than the period for which the competition ban is in force.

The athletes argued that such published information constituted health data and personal data related to criminal convictions and offenses, which they contended should only be processed under official supervision. The EU court, however, determined that the published information does not inherently fall under health data, unless the specific banned substance or method is mentioned. It also concluded that the information is not related to criminal convictions or offenses, as anti-doping rules do not apply to all citizens in the same way as criminal law.

The court further stated that publishing names is also allowed in the public interest, as the fight against doping aims to ensure fair competition, protect athletes' health, and uphold the ethical values of sport. National anti-doping authorities will now need to conduct individual assessments to determine if publication is necessary and proportionate to the athlete's privacy infringement. A key point for Finland is that the publication of a name on a website should not last longer than the period of the athlete's ban.

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The published information is not considered personal data related to criminal convictions or offenses. The reason is that anti-doping rules do not apply to all citizens in the same way as criminal law.