Swimmer Lotta Harala wins major doping case victory, may claim compensation

Finnish swimmer Lotta Harala has achieved a significant legal victory in a doping case, as the deputy data protection ombudsman ruled that her name should not have been published when she received a sanction in 2020. The decision, made on August 7, found that the Finnish Center for Sports Integrity (Suek) violated proportionality principles by releasing Harala's name.

Harala faced a doping controversy in the winter of 2020-2021 after a small amount of a banned stimulant was found in a sample given in August 2020. This resulted in a three-month ban. Suek announced the ban on January 29, 2021, even though it had already ended on January 12, 2021. Suek also investigated whether Harala had violated her ban in March.

“

The publication of Harala's doping violation was contrary to the proportionality principle, and it was no longer proportionate to the objectives.

In May 2021, Harala requested the data protection ombudsman's office to investigate whether Suek had the right to publish information about her ban while an investigation was still ongoing. Approximately five years later, Harala received a favorable decision. Deputy Ombudsman Heljä-Tuulia Pihamaa stated that publishing Harala's doping violation was contrary to the proportionality principle and no longer justified by its objectives.

The ruling was influenced by a European Union court decision in July, which stipulated that the names of athletes found guilty of doping violations cannot be automatically published. The necessity of publication must be assessed on a case-by-case basis. Suek can generally continue to process doping-related information and publish athletes' names, but each case requires an assessment of proportionality against the athlete's right to privacy. Pihamaa indicated that Harala has the right to seek compensation from Suek for any damages incurred, with the possibility of a civil lawsuit if an agreement cannot be reached.

“

We will now examine the decision and clarify how its guidelines can be reconciled with WADA's requirements and the relevant legislation.