Jurisdiction and Application
I. CTADA is responsible for administering Taiwan area Anti-Doping Programs. In doing so, the CTADA ensures that the Personal Information processed in connection with its anti-doping activities is protected in accordance with applicable data protection and privacy laws, principles and standards.
II. CTADA also complies with the Personal Data Protection Act and provisions of the World Anti-Doping Agency (WADA) International Standard for the Protection of Privacy and Personal Information (ISPPPI) as incorporated into the doping control activities.
III. This Policy sets out in general terms how Personal Information for anti-doping purposes will be processed by the CTADA in the course of administrating and implementing the CADP.
Types of Personal Information for anti-doping purposes
A. Personal Information for anti-doping purposes includes, but is not limited to,information relating to an individual, as follows:
1. Identity (i.e. name, nationality, date of birth, gender, membership affiliations or any other personal information defined by the Personal Data Protection Act.
2. Whereabouts Filings;
3. Therapeutic Use Exemptions (TUEs);
4. Doping Controls (including Test Distribution Planning, Sample collection and handling, anti-doping test results, Laboratory analysis, results management, hearings, sanctions and appeals). Personal Information about an individual could also include Sensitive Personal Information defined by Personal Data Protection Act, in particular this includes genetic, medical or biological information (including information derived from analyzing Samples or Specimens) and commission of offences specified by the Personal Data Protection Act..
B. Collection Entity
Personal Information of all sorts will be collected by the CTADA and by any other organization or anti-doping organization to whom the CTADA has delegated proper authority to conduct doping control activities.
C. Purposes for which your Personal Information may be processed The CTADA and its third-party agents shall only process the collected Personal Information where necessary and appropriate to conduct their anti-doping activities related WADA International Standards or where otherwise required by applicable law and where there is no conflict with applicable privacy and data protection laws. This includes, but is not limited to, processing Personal
Information:
1. to determine eligibility for a TUE;
2. to conduct Testing,, and to record the results from such Testing;
3. to conduct investigations to determine potential breaches of the National Anti Doping Rules;
4. to carry out results management, including associated disciplinary
5. hearings, appeals and adjudications, and to publish outcomes.
IV. Disclosures
Personal Information may be disclosed by the CTADA to third party agents, including authorized service providers, in connection with the fulfilment of the CTADA’s anti-doping activities as specified in the National Anti Doping Rules.
Personal Information shall not be disclosed to other Anti-Doping Organizations except where such disclosures are necessary to allow the Anti-Doping Organizations receiving the Personal Information to conduct anti-doping activities under the National Anti Doping Rules or under the World Anti-Doping Code (Code) and in accordance with all applicable privacy and data protection laws.
1. Personal Information shall not be disclosed to third parties other than as set out above, except where such disclosures:
2. are required by law;
3. take place on the basis of informed, express and written consent; or are necessary to assist law enforcement or governmental authorities in the detection, investigation or prosecution of a criminal offence or breach of the National Anti Doping Rules provided that the Personal Information requested is directly relevant to the offence or breach in question and cannot otherwise be obtained by the authorities.
V. International Transfers
Personal Information may be made available by the CTADA to third persons or parties, including authorized service providers, WADA and Anti-Doping Organizations, some of which may be located outside of Taiwan.
VI. Rights with Respect to Personal Information
Right of access to Personal Information: Individuals have the right to seek information from the CTADA about Personal Information relating to them (the categories of information, the purpose for which it is collected and the third parties or categories of third parties to which it is transferred), to obtain confirmation whether or not the Personal Information is being processed and to receive a copy of the relevant Personal Information in a readily intelligible format within a reasonable timeframe (one month from the date of the request), unless to do so in a particular case plainly conflicts with the CTADA’s ability to plan or conduct Testing under the National Anti Doping Rules or to investigate and establish anti-doping rule violations.
The CTADA may not respond to requests seeking access to Personal Information if the requests are excessive in terms of their scope or frequency or if they impose a disproportionate burden on the CTADA in terms of cost or effort given the nature of the Personal Information in question. If the CTADA refuses to allow access to Personal Information, it shall inform the relevant individuals and explain in writing the grounds for refusing the request.
Right to amend Personal Information: Personal Information processed by the CTADA shall be accurate, complete and kept up to date. Where the CTADA affirmatively knows that the Personal Information that it is processing is inaccurate or incomplete, the CTADA shall, as appropriate, rectify, amend, complete, update or delete the relevant Personal Information as soon as possible.
Where appropriate, if the Personal Information in question has been disclosed to a third party that is known or believed to continue to process the Personal Information, the third party shall be informed of the change(s) as soon as possible.
Right to delete or object to the processing of Personal Information: Individuals have the right to object to the processing of their Personal Information, although, in such event, it may still be necessary for the CTADA and/or third parties to continue to process (including retain) certain of this Personal Information in order to fulfil obligations and responsibilities arising under the National Anti-Doping Rules or applicable laws.
Request to delete or objecting to disclose Personal Information or objecting to the processing of Personal Information may be construed as a refusal to participate and may result in an anti-doping rule violation. A refusal to permit the CTADA to process properly collected Personal Information may result in the individual thereby becoming non-compliant with the National Anti-Doping Rules, with all associated consequences.
Right to initiate a complaint:Individuals are entitled to initiate a complaint where there is a reasonable good faith belief that the CTADA is not complying with the National Anti-Doping Rules, a WADA International Standard or with any applicable law relating to privacy protection.
VII. Security
The CTADA has a designated staff person who is accountable for compliance with the ISPPPI.
The CTADA shall at all times protect Personal Information by applying all necessary security safeguards, including physical, organizational and other measures to prevent the loss, theft or unauthorized access, destruction, use, modification or disclosure of the Personal Information.
The CTADA shall apply security measures that take into account the risks associated with the processing of Personal Information and the sensitivity of the Personal Information that is to be protected.
When the CTADA discloses Personal Information to third party agents in connection with their anti-doping activities under the National Anti-Doping Rules or WADA Code, the CTADA shall take all reasonable steps to ensure that such third parties use the Personal Information in accordance with the laws of Taiwan in question or, if no law is in place, with the ISPPPI.
VIII. Retention
The CTADA shall ensure that Personal Information is only retained for as long as is necessary to fulfil its obligations under the National Anti-Doping Rules or where otherwise required by applicable law. The CTADA will respect the retention times for different types of Personal Information as may be determined by WADA from time to time unless such retention times are in breach of applicable law.Once Personal Information no longer serves the above stated purposes, it will be deleted, destroyed or permanently anonymized.