Privacy and copyright

Athlete privacy policy

Purpose

This Privacy Policy records how the Integrity Sport and Recreation Commission (the Commission), including its employees and contractors, collects, 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).

The Commission 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 the Integrity Sport and Recreation Act 2023 (the Act), including when the Commission is requested to collect personal information on behalf of third parties, including Major Event Organisers, International Federations and National Sport Organisations.

Authority for collecting information

The Commission’s collection of personal information from athletes and other persons, including on behalf of third parties such as International Federations, Major Event Organisers and National Sports Organisations, 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.

In circumstances where personal information is being collected by the Commission on behalf of a third party, the Commission will inform the athlete who it is collecting information on behalf of, and the potential recipient/s of the information.

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 the Commission for the purpose of performing our anti-doping activities. These activities include collecting whereabouts information, planning testing, risk analysis, conducting testing, sample analysis, performing results management, determining whether use of a prohibited substance or prohibited method is associated with a legitimate and documented therapeutic purpose, educating participants on their rights and responsibilities, intelligence gathering, 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 the Commission will process only the Personal Information relevant and necessary for the specific activity.

Your Personal Information may also be used for secondary purposes such as anti-doping research, trend identification, or to improve the quality of anti-doping detection methods.

In some circumstances (e.g., sample collection) a refusal to provide the Personal Information required by the Commission, 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), the Commission may process Personal Information even though an Athlete has refused to grant (or has withdrawn) consent for the Commission to process their Personal Information.

Collection of Personal Information

Personal Information collected by the Commission 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:

  1. the Athlete Whereabouts Programme;

  2. Therapeutic Use Exemption applications;

  3. online / phone substance checks;

  4. testing programmes;

  5. sample collection;

  6. sports Anti-doping educational activities;

  7. surveys and quizzes;

  8. third party providers (including other Anti-Doping Organisations);

  9. Learning Management System records; and

  10. the Speak Out programme.

Information obtained through use of website

In addition, the Commission may collect personal information through use of its website. If you log your details for any services on www.sportintegrity.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 the Commission’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 [email protected] to us with the word unsubscribe in the heading and your name.

Disclosure of Personal Information

Personal information collected by the Commission may be shared with WADA (including on the WADA Anti-Doping Administration & Management System (ADAMS)), other Anti-Doping Organisations or sample collection agencies, Major Event Organisers, International Federations and National Sports Organisations and associated clubs, WADA approved laboratories, Athlete Passport Management Units, as part of the Athlete Biological Passport programme, 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.

The Commission may also share your Personal Information with Third Party Agents, including service providers, in connection with performing our anti-doping activities (both within New Zealand and overseas) and other law enforcement agencies.

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 the Commission to publicly report the final outcome of anti-doping proceedings where an anti-doping violation is found to have been committed – in most cases.

The Commission 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). 

Protecting your Personal Information

We appreciate the sensitive and confidential nature of the Personal Information we collect at the Commission 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 the Commission 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 Integrity Sport and Recreation Act 2023 and the Code. These databases also act to provide additional security to your Personal Information.

In the case of any security or privacy breach, the Commission’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 the Commission’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.  An athlete’s sample may be stored for up to ten years and undergo repeated analysis during that period by WADA or the authorised Anti-Doping Agency.

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 the Commission deletes or restricts processing of Personal Information.

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

In circumstances where concerns raised with the Commission 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/).

Privacy Officer Contact Details

The Commission’s Privacy Officer can be contacted:

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 Commission’s Privacy Officer.

Privacy Policy

Purpose

This Privacy Policy governs the use of personal information by the Integrity Sport & Recreation Commission (Commission).

Your privacy rights 

The Commission is committed to complying with its obligations under the Privacy Act 2020 when dealing with personal information.

The purpose of the Commission is to enhance integrity in sport and recreation to increase the safety and wellbeing of participants and preserve the fairness of competition. This Privacy Policy explains how the Commission will handle any personal information that it may collect in connection with performing its statutory functions, with the exception of its anti-doping responsibilities which are governed by a separate privacy policy (the Athlete Privacy Policy) which can be found here.

Any personal information provided to the Commission will be stored, used and disclosed in accordance with this Privacy Policy. This Privacy Policy should be read in conjunction with any applicable terms and conditions relating to the use of and access to our website and other products or services (collectively, Services).

Acceptance of this privacy policy

By accessing and/or using any of our Services or otherwise providing us with your personal information, you acknowledge that you have read and understood this Privacy Policy, and authorise the collection, use, disclosure, storage and retention of your personal information as described in this Privacy Policy.

Amendments to this privacy policy

We may amend and update this Privacy Policy from time to time by posting a revised version on our website.  Any changes will apply from the date we post the updated Privacy Policy on the website. If we make any significant changes, we will endeavour to provide you with reasonable notice of such changes through the website, or via other means such as email. By using our Services after such notice period, you will be deemed to have accepted the updates to this Privacy Policy.  If you do not agree to any change, you must immediately notify us and stop using and/or accessing our Services.

How we collect information about you

The type of personal information that we collect will depend on the purpose for which it is collected, but may include:

  • your name, phone number, postal address, email address;

  • your affiliation with any club or organisation in the sport and recreation sector (including the period of your membership and any applicable membership terms and conditions);

  • if relevant to a complaint or dispute resolution process, we may collect certain sensitive information about you such as your age, gender identity, ethnicity, culture, sexual orientation, disability, and health information;

  • the content of your complaint (including any accompanying documentation or evidence), your response to a complaint, and any other information relating to any complaint made by you or about you to the Commission; 

  • information relating to any disciplinary process which you are involved in for breaches of integrity codes; and

  • any other information obtained in connection with any investigation undertaken by the Commission as part of its statutory functions and powers.

We may collect personal information about you either directly from you or from other people or agencies, and we may generate personal information about you when we carry out our functions.   If we outsource any part of our statutory functions, we may collect personal information about you from the external service provider that we have appointed to provide certain services to you, such as an external dispute resolution service provider.  We may also collect publicly available information about you, such as any media reports, where this is relevant to carrying out our functions.

When you use our website we may collect information that is sent to us by your computer, mobile device or other access device.  The information that is sent to us may include your computer IP address, referral URL, geo-location and data about the webpages that you access. Generally this information is not personally identifiable data, but to the extent that it is considered personal information for the purposes of the Privacy Act 2020, we will comply with our obligations under law when processing that information.

If you choose not to provide personal information to us on request, we may be unable to provide you with certain Services or investigate your complaint. 

How we use and disclose information that we collect about you

We will only use and disclose your personal information in accordance with your authorisation and/or for the purposes set out in this Privacy Policy, which shall include:

  • to provide you with access to and use of our Services, including dispute resolution services;

  • to communicate with you (for example to contact you about your complaint or to ask you for feedback about our Services);

  • to carry out our statutory functions under the Integrity Sport and Recreation Act 2023, including our investigative powers;

  • to conduct internal statistical analysis for the purposes of improving and enhancing our Services and to meet out reporting requirements (provided such use is on an anonymised and/or aggregated basis);

  • to undertake administrative functions associated with the operation of the Commission; and

  • to comply with any other legal obligations, including as permitted by the Privacy Act 2020.

Who we may disclose your personal information to

We may disclose your personal information to:

  • any service providers that we have engaged to provide a service to us in relation to our Services.  For example, we may engage third parties to provide us with IT, dispute resolution, or customer support services;

  • other parties to a complaint, for the purpose of investigating or resolving the complaint (noting that we will generally obtain your prior consent to such disclosure, except in situations where we are required by law to make the disclosure or there is a risk of serious harm to either party);

  • law enforcement agencies, other regulators, and any government or international bodies, tribunals or other organisations who we are authorised or mandated by law to provide information to (subject to our confidentiality obligations under section 38 of the Integrity Sport and Recreation Act 2023);

  • any person or body that we may refer the subject matter of an investigation to, in accordance with section 36 of the Integrity Sport and Recreation Act 2023;

  • any person where we have published a report relating to an investigation, where you have consented to the disclosure or the public interest in including your personal information in the report outweighs your individual privacy rights pursuant to section 37 of the Integrity Sport and Recreation Act 2023;

  • our professional advisors, including accountants, insurers and lawyers;

  • any other person or organisation that you have authorised us to disclose your information to; and/or

  • any other third party where such disclosure is permitted under the Privacy Act 2020 and/or any other applicable law.

Access, correction and retention of your personal information

You agree that any information you give to us will be accurate, correct and up to date.

You are entitled to access the personal information we hold about you, and to request that we amend it if it is incorrect. If we are not willing to correct errors that you have identified in your personal information, you may request that we take reasonable steps to attach a statement to the personal information noting the correction sought. We will process your request as soon as possible, and no later than 20 working days after we receive it.

Security of information

We take all reasonable steps to ensure the personal information we collect is protected against loss, unauthorised access and disclosure or any other misuse, including ensuring that our third party data processors can meet our privacy and security requirements. We retain personal information in compliance with the requirements of the Public Records Act 2005.

Our website may have links or references to third party websites or material. Our Privacy Policy does not apply to those websites, and any information collected by such third parties is governed by that third party’s privacy practices or policies. We accept no responsibility or liability for the content or privacy practices of any third party websites.

How to contact us

If you have any queries or concerns about our Privacy Policy or our handling of your personal information, please contact us at:

Sport Integrity Commission
PO Box 17451
Greenlane, Auckland 1546
[email protected]

Transparency statement

Transparency Statement

This Transparency Statement, together with the Sport Integrity Commission (the Commission) Privacy Policy above, explains how the Commission (including contractors or third parties engaged by the Commission) processes information gathered for the purposes of carrying out its statutory functions under the Integrity Sport and Recreation Act 2023 and in accordance with the Public Service Commission Information Gathering Model Standards (Model Standards). Information processing includes the collection, storage, use, protection, and disclosure of information by the Commission.   

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

The Commission gathers information for the following purposes;  

  • to carry out statutory functions under the Integrity Sport and Recreation Act 2023, including compliance with and implementation of the World Anti-Doping Code (the WADA Code) and integrity codes;   

  • in relation to organisational management tasks, employment matters or the engagement of contactors/third parties;  

  • to address complaints or requests under the Privacy Act 2020, the Health Code, the Official Information Act 1982 (OIA) or the International Standard for the Protection of Privacy and Personal Information (ISPPPI).  

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

How the Commission collects information

The Commission may collect information through:  

  • Participation in anti-doping testing or through other programs or courses facilitated by the Commission, including education programs using our learning management system;

  • Collection of information for the purposes of complaint handling, dispute resolution and investigation   

  • The use of the Commission’s website or engagement with the Commission’s social media platforms. This includes through the Commission’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 the Commission’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 the Commission’s website, including the complaint form, 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 and communication with the Commission (including phone calls, emails, text messages, instant messages, enquiries through our ‘contact us’ form) and other documents provided to the Commission; and  

  • As is set out in the Commission’s Privacy Policy.  

Information may be collected:  

  • by the Commission, directly from the relevant individual or organisation.  

  • by the Commission, from third parties (in accordance with its statutory powers or from third party IT or system providers).  

  • by the Commission, through publicly available sources.  

  • by third parties engaged by the Commission, where information gathering requires specialist capability that the Commission does not have within its organisation.  

How information is used 

The Commission 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.  

The Commission 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 

The Commission may share information with third parties where necessary to carry out its statutory functions, including when considering and investigating potential anti-doping rule violations and handling and investigating integrity complaints. The Commission will take all practicable steps to verify information provided to third parties. 

By way of example, information may be shared with: 

  • third party service providers, including for complaints handling and dispute resolution

  • other regulatory agencies, where sharing may be necessary to assist that regulatory agency to carry out its statutory functions. 

  • the other party to an investigation, an oversight agency, or a complaints body. 

  • third parties engaged by the Commission 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. The Commission ensures appropriate measures are taken to protect personal information processed by the Commission against loss, unauthorised access, use, modification, or disclosure.  

Compliance 

The Commission ensures that information is processed in accordance with relevant legislation, and in particular its obligations under the Integrity Sport and Recreation Act 2023, the Privacy Act 2020, the ISPPPI, search and surveillance legislation, the Model Standards, information sharing and matching agreements/memoranda of understanding and any relevant Commission 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 the Commission, if they believe it is inaccurate.   

If you have any enquiries about the Commission’s information processing activities, or concerns that the Commission 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 the Commission’s Privacy Officer [email protected] 

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