Athletes’ Human Rights and the Fight against Doping: A Study of the European Legal Framework

This book addresses the tension between, on the one hand, anti-doping practices and measures and, on the other hand, the fundamental rights of athletes.

New techniques for testing and re-testing samples taken several years ago, have caused a push by the World Anti-Doping Agency and affiliated organizations for stricter rules, more doping tests and higher sanctions. Meanwhile, many States are adopting new laws and regulations to facilitate this push.

At the same time, privacy and data protection have gained new momentum, especially in the European Union, where the General Data Protection Regulation came into effect in May 2018. It contains new obligations for data controllers and processors, rights for data subjects and sanctions for those violating the data protection rules.

It is clear that gathering whereabouts information on athletes, collecting urine and blood samples, analyzing the samples and using the data distilled therefrom falls within the scope of the data protection framework. In addition, European athletes can invoke their rights to privacy, fair trial and freedom from discrimination as guaranteed by the European Convention on Human Rights.

The book is aimed at professionals and organizations involved in sports and anti-doping and provides them with an opportunity to delve into and understand the rights guaranteed to athletes within the European context. Furthermore, it is equally relevant for privacy and data protection lawyers and human rights scholars wishing to familiarize themselves with the difficult questions relating to human rights protection in the world of sport and anti-doping. Written in accessible language, it should also prove useful to athletes and laymen wanting to learn about the rules applicable to almost everyone who practices sport, even at a local amateur level.

Bart van der Sloot is senior researcher at Tilburg University, Tilburg, The Netherlands, Mara Paun is PhD researcher at Tilburg University, Tilburg, The Netherlands, Ronald Leenes is professor at Tilburg University, Tilburg, The Netherlands.

Specific to this book:

• Addresses the tension between on the one hand anti-doping practices and measures and on the other the fundamental rights of athletes
• Sets out the most important principles and rules under the General Data Protection Regulation and discusses how these apply within the anti-doping context
• Provides those involved in sports and anti-doping with an opportunity to delve into and understand the rights guaranteed to athletes within the European context

With a foreword by Jacob Kornbeck, a civil servant in the European Commission, writing in a private capacity

This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval.