Αντιντόπινγκ : (α)θέμιτος περιορισμός του δικαιώματος στην προστασία προσωπικών δεδομένων;

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Προστασία προσωπικών δεδομένων ; ΑντιντόπινγκAbstract
The present study examines the intersection of two seemingly parallel realms: the global struggle against doping in sport and the landscape of personal data protection law, both of which are intricately woven into the fabric of international, EU, and national legislative texts.
The study begins by outlining the structure of the sui generis 'legal order' of organized sports to contextualize the environment within which anti-doping efforts operate. It then maps the relevant international and national legal frameworks, with a particular focus on the interplay between anti-doping measures and EU law. Subsequently, this study delves into the regulatory framework for the fight against doping, herein referred to as “lex anti-doping”. A meticulous examination of the World Anti-Doping Code and the accompanying International Standards is undertaken, along with an in-depth exploration of the pivotal role of the World Anti-Doping Agency.
The third part of the study addresses key elements of the right to data protection, explores the surveillance regime applied to high-level athletes, and assesses the degree to which lex anti-doping complies with the General Data Protection Regulation (GDPR). The paper then goes on to explore specific legal issues, including the determination of an appropriate legal basis for the processing of athletes' biological samples, the legitimacy of further data processing for purposes beyond anti-doping enforcement, the public disclosure of disciplinary violations, and the restriction of athletes’ right of access to the so-called Biological Passport. Finally, it evaluates the integration of artificial intelligence into anti-doping processes through the dual lens of the GDPR and the Artificial Intelligence Act.
The study concludes that eradicating doping and safeguarding athletes’ personal data are not inherently incompatible or mutually exclusive objectives. Rather, they can—and must—be pursued in tandem. Achieving this balance necessitates more than the mere endorsement of privacy-friendly policies; it demands tangible and ongoing compliance by anti-doping organizations with applicable data protection and AI regulatory frameworks.


