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Athlete Privacy Policy

Athlete Privacy policy

Introduction  

Drug Free Sport New Zealand (DFSNZ) collects personal information from athletes and other persons where this information is necessary and appropriate to conduct its anti-doping activities under the World Anti-Doping Code (Code) and Sports Anti-Doping Act 2006 (Sports Anti-Doping Act).  

This Privacy Policy records how DFSNZ (including its employees and contractors) processes and protects Personal Information, in accordance with legislative and World Anti-Doping Agency (WADA) requirements, in particular the Privacy Act 2020 (Privacy Act) and the International Standard Protection of Privacy and Personal Information 2021 (ISPPPI).  

Authority for collecting information  

Collection of personal information is authorised under the Sports Anti-Doping Act, the Code and Sports Anti-Doping Rules. Such authorisation includes the collection of personal information from Athletes who are children or young people. In some instances, supply of the information is mandatory, for instance: 

  • Supply of whereabouts information by the Athlete is mandatory under New Zealand’s Sports Anti-Doping Rules. Failure to supply the information may result in the athlete committing an anti-doping rule violation. 
  • Supply of personal information is necessary for an athlete to obtain a Therapeutic Use exemption. Failure to supply necessary personal information is likely to result in an application being declined.   

Personal Information  

Personal Information is any information about an identifiable individual, and includes:  

  • Identity information (name, birth date, contact information, sporting affiliations, gender, sport and performance data, level of competition);  
  • Doping Control Information (sample collection, laboratory analysis, anti-doping test results, investigations and results management, disciplinary hearings, appeals and sanctions); 
  • Athlete Biological Passport Data;  
  • Education completion information;  
  • Therapeutic Use applications and exemptions;  
  • Whereabouts information (competition locations, travel locations, regular activity venues); and  
  • Personal details and contact information relating to other persons, such as medical professionals and others working with, treating or assisting an athlete in the context of anti-doping activities. 

Sensitive Personal Information is Personal Information relating to an individual’s racial or ethnic origin, commission of offences (criminal or otherwise), health (including information derived from analysing an athlete’s samples or specimens, medication information), and biometric and genetic information.  Sensitive Personal Information will only be processed with an Athlete’s express consent.  

Purpose of Collection  

Personal Information is collected by DFSNZ for the purpose of performing our anti-doping activities. These activities include collecting whereabouts information, conducting testing, performing results management, determining whether use of a prohibited substance or prohibited method is limited to a legitimate and documented therapeutic purpose, educating participants on their rights and responsibilities, conducting investigations related to potential anti-doping violations and initiating legal proceedings against persons who are alleged to have committed anti-doping rule violations. Personal Information collected will only be used for anti-doping purposes and DFSNZ will process only the Personal Information relevant and necessary for the specific activity. 

In some circumstances (e.g., sample collection) a refusal to provide the Personal Information required by DFSNZ, will amount to an anti-doping violation (e.g., evading, refusing or failing to submit to sample collection), which may impact your ability to compete in your sport (in accordance with the provisions of the Sports Anti-Doping Rules) and may amount to a violation of the code and could invalidate competition results.  

In limited circumstances (e.g., to conduct proceedings involving suspected anti-doping violations), DFSNZ may process personal information event though an Athlete has refused to grant (or has withdrawn) consent for DFSNZ to process their Personal Information. 

Collection of Personal Information  

Personal Information collected by DFSNZ will be collected in accordance with the provisions of the Privacy Act and the ISPPPI, including from:   

  • Athletes directly;  
  • Publicly available sources; and/or 
  • Third parties (with the athlete’s consent or otherwise in compliance with the Privacy Act and the ISPPPI).  

Specific examples of sources of Personal Information include:  

  • The Athlete Whereabouts Programme; 
  • Therapeutic Use Exemption applications; 
  • Online / Phone Supplement Checks; 
  • Testing programmes; 
  • Sample collection; 
  • Sports Anti-doping educational activities; 
  • Surveys and quizzes; 
  • Third party providers (including other Anti-Doping Organisations); 
  • Learning Management System records; and 
  • The Speak Out programme.  

Information obtained through use of website 

In addition, DFSNZ may collect personal information through use of its website. If you log your details for any services on www.drugfreesport.org.nz, we may ask for your name, postal address, e-mail address and role in sport (e.g., athlete, coach, NSO etc.). Information collected through the website will be used for DFSNZ’s anti-doping activities including allowing us to process your request and provide you with the best possible service. The information you provide may be used by us, our agents or sub-contractors to communicate with you on any matter relating to the conduct of your account and the provision of our services in general. 

We may use information and statistics for the purposes of monitoring website use in order to help us develop our website and our services.  However, this information will not include anything that could be used to identify an individual. 

We may wish to provide you with information which could be relevant to you by the way of e-newsletters.  If you do not wish to receive these, please click unsubscribe in the e-newsletter. 
 
We may contact you about specific matters which we believe may be of use to you directly by email.  If you do not wish to receive these intermittent updates, please send an email to info@drugfreesport.org.nz to us with the word unsubscribe in the heading and your name. 

Disclosure of Personal Information  

Personal information collected by DFSNZ may be shared with WADA (including on the WADA Anti-Doping Administration & Management System (ADAMS)), other Anti-Doping Organisations or sample collection agencies, International Federations and National Sports Organisations, the New Zealand Olympic Committee or Paralympics New Zealand in accordance with the Code for anti-doping purposes (including in relation to our anti-doping education programs). The information may also be provided to other agencies if required by law.  

DFSNZ may also share your Personal Information with Third Party Agents, including service providers, in connection with performing our anti-doping activities.  

Public disclosure of Personal Information may occur where required under New Zealand’s Sports-Anti Doping Rules. New Zealand’s Sports’ Anti-Doping Rules require DFSNZ to publicly report the final outcome of anti-doping proceedings where an anti-doping violation is found to have been committed – in most cases.   

DFSNZ ensures that where Personal Information is disclosed to any third party, any such disclosure complies with the requirements of the ISPPPI and the Privacy Act (including specific requirements in circumstances where Personal Information is disclosed to a party outside of New Zealand) and that the appropriate security measures are in place to protect your Personal Information.   

Protecting your Personal Information 

We appreciate the sensitive and confidential nature of the Personal Information we collect at DFSNZ and we have put in place various security measures to ensure Personal Information collected by us is as safe as possible. 

We operate and protect our systems with the use of, but not limited to, firewalls, limited access to information, use of passwords and encryption and such other technologies to help keep information private and secure. The internal procedures of DFSNZ cover the storage, access, disclosure, retention and destruction of your information, to ensure compliance with the Privacy Act and the ISPPPI (including where Personal Information is disclosed to a third party).  

We use secure databases known as SIMON, RATA, ADAMS and ServiceNow to store your Personal Information and share that information in accordance with the requirements of the Sports Anti-Doping Act 2006 and the Code. These databases also act to provide additional security to your Personal Information.  

In the case of any security or privacy breach, DFSNZ’s Security Incident Response Plan will be implemented to contain and address any breach, and affected individuals will be notified.  

Retention of Personal Information  

Personal information will only be retained where it remains relevant to fulfilling DFSNZ’s obligations under the Code or as required by other legislation. It will be retained for the periods of time as set out in Annex A to the ISPPPI or other relevant legislation. 

Once Personal Information no longer serves the above purposes, it will be deleted, destroyed, or permanently anonymised.  

Rights of access and correction 

Athletes have rights (pursuant to the Privacy Act and the ISPPPI) of access to, and correction of, Personal Information, and can request that DFSNZ deletes or restricts processing of Personal Information.   

Any request should be submitted to DFSNZ’s Privacy Officer (see contact details below).  

Complaints Process  

If an Athlete is concerned that their Personal Information is not being processed in accordance with legislation or the ISPPPI, concerns can be raised directly with DFSNZ’s Privacy Officer (see contact details below).  

In circumstances where concerns raised with DFSNZ have not been satisfactorily resolved, athletes are also able to file a complaint with WADA or the Privacy Commissioner (further information can be found at https://www.privacy.org.nz/).  

DFSNZ Privacy Officer Contact Details 

DFSNZ’s Privacy Officer can be contacted:  

  • By phone on 0800 DRUG FREE (378 437); or 
  • By email at privacy@drugfreesport.org.nz. 

We welcome your views about our website and our Athlete Privacy Policy. If you would like to contact us with any queries or comments, please send an e-mail to the DFSNZ Privacy Officer. 

Transparency statement

Information Gathering by Drug Free Sport NZ (DFSNZ) 

This Transparency Statement, together with DFSNZ’s Athlete Privacy Policy above, explains how DFSNZ (including contractors or third parties engaged by DFSNZ) processes information gathered for the purposes of carrying out its statutory functions under the Sports Anti-Doping Act 2006 (Sports Anti-Doping Act) and in accordance with the State Services Commission Information Gathering Model Standards (Model Standards). Information processing includes the collection, storage, use, protection and disclosure of information by DFSNZ.   

What information is covered by this statement, and why is it collected?  

DFSNZ gathers information for the following purposes;  

  • To carry out statutory functions under the Sports Anti-Doping Act, including compliance with and implementation of the World Anti-Doping Code (Code);   
  • In relation to organisational management tasks, employment matters or the engagement of contactors/third parties;  
  • To address complaints or requests under the Privacy Act, the Health Code, the Official Information Act 1982 (OIA) or the International Standard for the Protection of Privacy and Personal Information (ISPPPI).  

DFSNZ will only collect personal information that it is authorised to collect. The types of information collected by DFSNZ will depend on the purpose for which it is collected, but may include your name, birth date, contact details, gender, sport affiliation, organisation, and next of kin.  

How DFSNZ collects information

DFSNZ may collect information through:  

  • Participation in Anti-Doping testing or through other programs or courses facilitated by DFSNZ, including education programs using our learning management system;  
  • The use of DFSNZ’s website or engagement with DFSNZ social media platforms. This includes through DFSNZ’s use of cookies on its website to enhance website functionality. Cookies are small text files that are placed in your browser by the websites you visit. However, the information collected through DFSNZ’s use of cookies, does not include any information that personally identifies individuals. To find out how to manage or delete cookies, visit www.allaboutcookies.org and www.aboutcookies.org 
  • The completion of forms on DFSNZ’s website, including clean sport resources order forms, user pays application forms, education booking forms, and the Speak Out form (the Speak Out form does not capture any information that personally identifies the individual unless they have disclosed that in the content of the form itself). 
  • The country, sport and medication looked up using the Global Dro website. 
  • Through quizzes and surveys (unless the survey is expressed to be on an anonymous basis). 
  • Correspondence with DFSNZ (including emails, text messages, instant messages, enquiries through our ‘contact us’ form) and other written documents provided to DFSNZ; and  
  • As is set out in the Athlete Privacy Policy.  

Information may be collected:  

  • By DFSNZ, directly from the relevant individual or organisation.  
  • By DFSNZ, from third parties (in accordance with its statutory powers or from third party IT or system providers).  
  • By DFSNZ, through publicly available sources.  
  • By third parties engaged by DFSNZ, where information gathering requires specialist capability that DFSNZ does not have within its organisation.  

How information is used 

DFSNZ uses information to fulfil its legislative functions, including to investigate potential breaches of the Code and/or the Rules and to carry out its anti-doping activities.  

DFSNZ will only use personal information where the use is one of the purposes in connection with which the personal information was obtained, with the consent of the individual concerned, or otherwise in accordance with the Privacy Act.   

Disclosure of information 

DFSNZ may share information with third parties where necessary to carry out its statutory functions, including when considering and investigating compliance breaches and complaints. DFSNZ will take all practicable steps to verify information provided to third parties. 

By way of example, information may be shared with: 

  • other regulatory agencies, where sharing may be necessary to assist that regulatory agency to carry out its statutory function. 
  • the other party to an investigation, an oversight agency, or a complaints body. 
  • third parties engaged by DFSNZ to collect information as outlined above.  
  • other anti-doping agencies, sample collection agencies, the New Zealand Olympic Committee, Paralympics New Zealand, International Federations, National Sporting Organisations, and service providers, in connection with performing our anti-doping activities. 
  • the Police or another government agency, if required or allowed by law (for example, to assist with the investigation of a criminal offence, or contravention of the law; or to report significant misconduct or breach of duty or where there is a serious threat to health or safety).  
  • other third parties, if required by law.   

Protection of information 

Information is stored and retained in accordance with the Privacy Act, the Public Records Act 2005 and the ISPPPI. DFSNZ ensures appropriate measures are taken to protect personal information processed by DFSNZ against loss, unauthorised access, use modification or disclosure.  

Compliance 

DFSNZ ensures that information is processed in accordance with relevant legislation, and in particular its obligations under the Sports Anti-Doping Act, the Privacy Act, the ISPPPI, search and surveillance legislation, the Model Standards, information sharing and matching agreements/memoranda of understanding and any relevant Drug Free Sport NZ policies and procedures.  

Access, Correction and General Enquiries 

Individuals have the right to ask for access to or correction of their own personal information held by DFSNZ, if they believe it is inaccurate.   

If you have any enquiries about DFSNZ’s information processing activities, or concerns that DFSNZ has not acted lawfully or has acted inconsistently with the State Services Commission Code of Conduct in gathering information, or you want to request access to (or the correction of) your personal information, you can contact DFSNZ’s Privacy Officer privacy@drugfreesport.org.nz