IPC Anti-Doping Code. Article 14 - Confidentiality, notice and reporting

The IPC agrees to the principles of the coordination of Anti-Doping results, public transparency and accountability and respect for the privacy interests of individuals alleged to have violated Anti-Doping rules as provided below:

14.1 Information   Concerning   Adverse   Analytical   Findings   and   Other Potential Anti-Doping Rule Violations

14.1.1 Notice to Athletes and Other Persons

An Athlete whose Sample is brought forward as an Adverse Analytical Finding after the initial review under Article 7, or an Athlete or other Person who is asserted to have committed an Anti-Doping Rule Violation after the initial review under Article 7, shall be notified by the IPC through the relevant NPC or applicable National Federation and as provided in Article 7.

14.1.2 Notice to  National  Anti-Doping Organizations,   International Federations and WADA

The IPC shall also notify the Athlete's NPC, National Federation or National Anti-Doping Organization, and International Federation and WADA not later than the completion of the process described in Articles 7.1 through 7.4.

14.1.3 Content of Notification

Notification shall include the Athlete's name, country of Sport governing body, Sport and discipline within the Sport, whether the test was In-Competition or Out-of-Competition, the date of Sample collection and the analytical result reported by the laboratory.

14.1.4 Status Reports

The same Persons and Anti-Doping Organizations shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Articles 7, 8 (Hearings) or 13 (Appeals) and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.

14.1.5 Records of Adverse Analytical Findings from IFs and NPCs

Records of sanctions imposed by IOSDs, IPSFs and NPCs shall be forwarded to the IPC. Such records will be maintained by the IPC.

14.1.6 Confidentiality

The recipient organizations shall not disclose information concerning Adverse Analytical Findings and other potential Anti-Doping Rule Violations beyond those Persons with a need to know (which would include the appropriate personnel at the applicable NPC, National Federation, and team in a Team Sport) until the IPC has made public disclosure or has failed to make public disclosure as required in Article 14.2 below. The IPC Anti-Doping Committee, non-voting observers, selected surrogates and all other relevant IPC staff and representatives shall use their best endeavours to maintain in strict confidentiality the Results of all Doping Control Testing and the identities involved in proceedings under this Code, until such time as (a) all proceedings are completed and (b) there has been a public disclosure by the IPC Governing Board.

[Comment to Article 14.1.6: The IPC shall provide, in its own rules, procedures for the protection of confidential information and for investigating and disciplining improper disclosure of confidential information by any employee or agent of the Anti-Doping Organization.]

14.2  Public Disclosure

14.2.1 The identity of any Athlete or other Person who is asserted by the IPC to have committed an Anti-Doping Rule Violation, may be publicly disclosed by the IPC only after notice has been provided to the Athlete or other Person in accordance with Article 7, and to the applicable Anti-Doping Organizations in accordance with Article 14.1 and no later than twenty (20) days  after  notification  of  the  final  decision  of  the  IPC Governing Board following the corresponding Hearing (Article 8).

14.2.2 No later than twenty (20) days after it has been determined in a hearing in accordance with Article 8 that an Anti-Doping Rule Violation has occurred, or such hearing has been waived, or the assertion of an Anti-Doping Rule Violation has not been timely challenged, the IPC, responsible for results management, must publicly report the disposition of the Anti-Doping matter including the Sport, the Anti-Doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved and the Consequences imposed. The IPC must also publicly report within twenty (20) days appeal decisions concerning Anti-Doping Rule Violations. The IPC shall also, within the time period for publication, send all hearing and appeal decisions to WADA.

14.2.3 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an Anti-Doping Rule Violation, the decision may be disclosed publicly only with the consent of the Athlete or other Person who is the subject of the decision. The IPC shall use reasonable efforts to obtain such consent, and if consent is obtained, shall publicly disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.

14.2.4 For purposes of Article 14.2, publication shall be accomplished at a minimum by placing the required information on the IPC's website and leaving the information up for at least one (1) year.

14.2.5 Neither the IPC, nor any other Anti-Doping Organization, or official of either, shall publicly comment on the specific facts of a pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete, other Person or their representatives.

14.3 Athlete Whereabouts Information

As further provided in the International Standard for Testing, Athletes who have been identified by the IPC for inclusion in a Registered Testing Pool shall provide accurate, current location information. The IPC shall coordinate with the International Federations and National Anti-Doping Organizations the identification of Athletes and the collecting of current location information. This information will be accessible, through ADAMS where reasonably feasible, to other Anti-Doping Organizations having jurisdiction to test the Athlete as provided in Article 15. This information shall be maintained in strict confidence at all times; shall be used exclusively for purposes of planning, coordinating or conducting Testing; and shall be destroyed after it is no longer relevant for these purposes.

14.4 Statistical Reporting

The IPC will publish an annual statistical report of its Doping Control activities. A copy will be provided to WADA. The IPC may also publish reports showing the name of each Athlete tested and the date of each Testing.

14.5 Doping Control Information Clearing House

WADA shall act as a central clearinghouse for Doping Control Testing data and Results for International-Level Athletes and national level Athletes who have been included in their National Anti-Doping Organization's Registered Testing Pool. To facilitate coordinated test distribution planning and to avoid unnecessary duplication in Testing by the various Anti-Doping Organizations, the IPC shall report all In-Competition and Out-of-Competition tests on such Athletes to the WADA clearinghouse as soon as possible after such tests have been conducted. This information will be made accessible to the Athlete, the Athlete's NPC, applicable National Federation, National Anti-Doping Organization, IPSF, and the IPC. To enable it to serve as a clearinghouse for Doping Control Testing data, WADA has developed a database management tool, ADAMS, that reflects emerging data privacy principles. In particular, WADA has developed ADAMS to be consistent with data privacy statutes and norms applicable to WADA and other organizations using ADAMS. Private information regarding an Athlete (including whereabouts information), Athlete Support Personnel, or others involved in Anti-Doping activities shall be maintained by the IPC and by WADA, which is supervised by Canadian privacy authorities, in strict confidence at all times and in accordance with the International Standard for the Protection of Privacy.

14.6 Data Privacy

When performing obligations under the Code, the IPC may collect, store, process or disclose personal information relating to Athletes and third parties. The IPC shall ensure that it complies with applicable data protection and privacy laws with respect to their handling of such information, as well as the International Standard for the Protection of Privacy that WADA shall adopt to ensure Athletes and non-athletes are fully informed of and, where necessary, agree to the handling of their personal information in connection with Anti-Doping activities arising under the Code.