Paddy Murphy
Senior Associate | Legal
Ireland
Senior Associate
Ireland
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Insight
09 January 2024
Ireland
2 min read
Team: Gráinne Carey
ON THIS PAGE
In September 2023, the Advocate General of the European Union released an opinion which found that the publishing of personal data of a professional athlete regarding a breach of anti-doping rules by a national anti-doping authority on their publicly accessible website was not in breach of the General Data Protection Regulation (GDPR).
The Advocate General ("AG"), as an advisor to the judges of the Court of Justice of the European Union (the CJEU), writes an independent opinion on cases brought before CJEU prior to a judgment being handed down. The judgment is then given at a later date. Although an AG's opinion is not binding, it will often be followed by the CJEU.
The case involved an Austrian professional middle distance runner, who was found to have breached Austrian anti-doping rules by the Austrian Anti-Doping Legal Committee (Committee). Consequently, the Committee published, on their public website, the athlete's name, the length of her suspension from participating in future sporting competitions and the details of the breach concerned. The athlete challenged this decision to the USK, Austria's independent arbitration committee on the basis that the publication of her data online was incompatible with GDPR. The USK sought guidance from the CJEU on whether such publication complied with the GDPR.
The AG held that:
The Court is expected to deliver its judgment at a later date and is not bound by the opinion of the AG.
Anti-doping testing and enforcement is conducted by Sport Ireland pursuant to its obligation under section 42 of the Sport Ireland Act 2015. Following a finding of an anti-doping violation, Article 15.4 of the Irish Anti-Doping Rules 2021 requires Sport Ireland to publish information about the decision including the sport, the anti-doping rule violation, the name of the athlete who committed the violation, the prohibited substance or prohibited method involved and the sanction imposed.
It is conceivable that an aggrieved Irish athlete could challenge on the same grounds as the Austrian athlete in this case. While the AG opinion suggests that such a challenge would not succeed, we await the CJEU judgment for a definitive position on the matter.
Paddy Murphy
Senior Associate | Legal
Ireland
Senior Associate
Ireland
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Gráinne Carey
Trainee Solicitor | Legal
Ireland
Trainee Solicitor
Ireland
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Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
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