NADA India Anti-Doping Data Protection Policy
How we collect, use, share, and protect personal information in our anti-doping programme.
Introduction
National Anti-Doping Agency, India is an autonomous body under the Ministry of Youth Affairs and Sports, Government of India. NADA India implements the Anti-Doping Programme in India and works towards promoting clean sport practices across the country. The key areas of functioning include Sample Collection, Results Management, Anti-Doping Education & Awareness, Research and Intelligence & Investigations. NADA India upholds the values of ethics and integrity in sports and is committed to creating a dope-free sporting environment. NADA India is a signatory to the World Anti-Doping Code and as part of its functions is required to process personal data. The Data collected, shared and store by NADA India will be processed in compliance with the World Anti-Doping Agency’s International Standard for Code Compliance by Signatories as amended from time to time and this Anti-Doping Data Protection Policy.
Scope
The NADA India Data Protection Policy (hereafter used as “the Policy”) describes how the National Anti-Doping Agency, India (NADA India) will utilize all the personal information that NADA India collects, processes, shares, discloses and stores in connection with the anti-doping activities. We may update this Anti-Doping Privacy Notice from time to time in order to reflect changes we make to our privacy practices. If we make material changes to this Anti-Doping Privacy Notice, we will give you notice of these changes by posting the revised policy on our website and, where necessary, by other means.
Definitions
In this Policy, unless the context otherwise requires, words or expressions contained herein but not defined shall bear the same meaning as given in the National Anti-Doping Rules, 2021, the World Anti-Doping Code, the International Standard for Protection of Privacy and Personal Information and any relevant international standard adopted and amended from time to time by the World Anti-Doping Agency.
Data collection
Data collected, shared, and stored by NADA will be processed in compliance with WADA International Standard for the Protection and Privacy of Personal Information (the “ISPPPI”).
Categories of personal information
NADA India may collect, store, process or disclose personal information relating to athletes and other persons where necessary and appropriate to conduct its anti-doping activities under the Code, the international standards and in compliance with applicable national law.
The types of personal information we collect depend on your level as a participant or your role in sport. It will also depend on how the anti-doping rules apply to you.
For example, if you need a therapeutic use exemption, you will need to provide us with medical information. If you are charged with an anti-doping rule violation, you may need to provide us with evidence in your defence. If you are not a player, we still may need to collect personal information about you, like education data and identifiers, but we will not ask you for whereabouts or need you to participate in testing.
| Information that identifies or is identifiable to you, like your name, contact information, date of birth, gender and sport nationality. | Education data collected to ensure attendance of ICC anti-doping eductaion sessions. |
| Whereabouts information that indicates where you can be found for anti-doping testing (for example, addresses for regular activities like training, work or school and for the location(s) where you will be available for testing during a daily one-hour time slot). We will tell you if you need to provide us with this information. | Testing data that is created when we collect samples from you for an anti-doping test. (for example, doping control forms, type of test, sample code numbers, responses and information provided by you during a sample collection session) and the laboratory results from the analysis of your samples. |
| Athlete Biological Passport (ABP) data, for example, biological passport ID, blood and steroid biological marker values and ratios, and expert recommendations and assessments. The ABP is another tool to identify doping based on the analysis of laboratory results obtained from anti-doping samples. | Medical information, if you need to apply for a Therapeutic Use Exemption to treat a medical condition with the use of substance(s) or method(s) that is normally not allowed. |
| Results management information, if we believe you have broken anti-doping rules. This includes information about the anti-doping rule violation you are charged with, evidence you provide in defense of a charge, and the decision on whether or not you will receive a sanction. | Investigations information if we suspect you may have broken anti-doping rules. This can include information or evidence obtained from including but not limited to open source searches, from witnesses and other confidential sources, or through cooperation with law enforcement agencies. |
Any other information which may be considered expedient to discharge its functions as an Anti-Doping Organisation under the Code and relevant international standards.
How and why we use personal information
Our role as an Anti-Doping Organisation under the Code and relevant international standards, involves using personal information to carry out the following anti-doping activities:
We also maintain records to improve, monitor and report on our anti-doping activities. This can include creating:
| Anti-Doping Activities | Main Personal Information Types Used for Each Activity | |||||||
|---|---|---|---|---|---|---|---|---|
| Activity | ||||||||
| Providing anti-doping education to you. | ||||||||
| Planning and conducting anti-doping tests, and locating you for these tests using the whereabouts information you submit. | ||||||||
| Analyzing the results from your biological samples. | ||||||||
| Analyzing and following up on the recommendations and results of your passport (Athlete Biological Passport or ABP). | ||||||||
| Enforcing the NADA Anti-Doping Rules by identifying ADRVs, issuing charges, and managing related proceedings. | ||||||||
| Processing requests to grant or recognize any therapeutic use exemptions (TUE) you apply for. | ||||||||
| Gathering intelligence and conducting investigations to better target testing activities and identify ADRVs, including cooperating with law enforcement. | ||||||||
| Communicating with you for the purposes described above. | ||||||||
| Coordinating and collaborating with other ADOs, for example, by sharing intelligence to better target our testing activities or by sharing information about our education program to avoid duplication. | ||||||||
| Reporting on our anti-doping activities to WADA to demonstrate our compliance with the Code and ISPPPI | ||||||||
| Other activities authorized by the Code for purposes relating to the protection of clean sport and the enforcement of the NADA Anti- Doping Rules | ||||||||
Who we share this personal information with
We may need to share your personal information with the following individuals and organizations to run our anti-doping program and respect the Code:
- Individuals you authorize to receive or share your personal information, like an agent, coach, doctor, or a parent or guardian.
- Code Signatories that have testing authority, sample collection authority, or results management authority over you, like International Federation, or Major Event Organizers.
- WADA (the World Anti-Doping Agency), that ensures all Code Signatories respect the rules of the Code. WADA also operates and manages the Anti-Doping Administration System (ADAMS), a platform hosted in Canada to which we will upload your personal information. Using ADAMS facilitates the collaboration and sharing of information needed to run our anti-doping program.
- Laboratories and Athlete Passport Management Units that analyze anti-doping samples and the Athlete Biological Passport. They are subject to the International Standard for Laboratories, and only have access to coded data (based on sample codes or passport IDs).
- Other delegated third parties and service providers that we hire to help us carry out anti-doping activities and maintain our operations. We require delegated third parties and service providers to agree to strict contractual controls designed to protect your personal information.
- National Federations and Continental Federations, that may receive disciplinary notices or other information concerning their athletes or other affiliated persons.
- Disciplinary panels and hearing bodies (including the Court of Arbitration for Sport), for adjudicating ADRVs and/or other disciplinary offences in accordance with the Code and/or other applicable regulations.
- Public authorities and other relevant bodies (including law enforcement agencies) responsible for enforcing sport and anti-doping laws and for investigating offences tied to doping in sport.
In accordance with the Code, some of your personal information, such as your name, sport and other anti- doping related data may be publicly disclosed in cases where you have been charged with or convicted of an anti-doping rule violation. Your personal information may also be disclosed to third parties in any event where such disclosure (a) is required by law, regulation or compulsory legal process, (b) takes place with your consent, or (c) is necessary to assist law enforcement or governmental or other authorities in the detection, investigation or prosecution of a criminal offence or breach of the Code, provided that the personal information is reasonably relevant to the offence in question.
International transfers
Your personal information may be made available by the NADA to third persons or parties, including authorized service providers, WADA and ADOs that are located outside of the country. For example, your personal information may be recorded in ADAMS or transferred to authorized service providers or ADOs in countries where you reside, train or participate in competitions. Such transfers are a necessary consequence of participation in organized sport and facilitate the strong public interests served by eliminating doping in sport.
The international transfer of your personal information to third countries and international organizations takes place in accordance with the Code and the ISPPPI. When transferring your personal information internationally we make sure to comply with applicable laws and regulations, for example, by ensuring that the recipients of your information maintain appropriate safeguards and provide an adequate level of data protection.
For details about ADAMS, associated mobile apps like Athlete Central, and how WADA will process your personal information, review the ADAMS Privacy Policy or contact WADA at privacy@wada-ama.org.
Data retention
NADA shall ensure that Personal Information is only retained for as long as is necessary to fulfil its obligations under the Protection of Privacy and Personal Information (ISPPPI) and to fulfil its obligation under Digital Personal Data Protection (DPDP) Act, 2023.
Rights of data subject
Data subjects have the right to access, rectify, and erase their personal data, as well as the right to restrict or object to its processing and the right to data portability, subject to certain limitations under data protection law. NADA will provide individuals with access to their personal information upon request and in accordance with the procedures outlined in the ISPPPI and will take reasonable steps to correct or delete any inaccurate or incomplete information
How long we retain your information
We may retain your personal information for a period of time that is consistent for NADA to perform our Anti-Doping Activities, as well as with applicable law, applicable statute of limitations and data retention practices as set by ISPPPI. We may also retain your personal information as we believe is reasonably necessary to comply with applicable law, regulation, legal process or governmental request, to detect or prevent fraud, to resolve disputes, to address problems, to assist with investigations, to enforce other applicable agreements or policies or to take any other actions consistent with applicable law.
Point of contact for ISPPPI compliance
Should there be queries or concerns about how data is processed by NADA, or you have any complaints, please contact the NADA’s Privacy Protection Officer at info.nada@nic.in
Compliance and monitoring
NADA will regularly review and monitor its data protection policies and procedures to ensure compliance with the ISPPPI and applicable laws and regulations. This Policy has been adopted pursuant to the applicable provisions of the Code and the international standards as amended from time to time by WADA and shall be interpreted in a manner that is consistent with applicable provisions of the Code, international standards and applicable national law, rules or regulations. The Code including comments and the International Standard for Protection of Privacy and Personal Information (ISPPPI) shall be considered integral parts of this Policy and shall prevail in case of any conflict. NADA India may issue circulars, notifications, office orders, guidelines and/or standard operating procedures for the effective discharge of its functions, as deemed necessary from time to time.