Due to current events, the National Anti Doping Agency of Germany (NADA) presents the following facts and figures on the publication practice of finalised cases.
The issue of publishing sanctions from anti-doping proceedings has been the subject of intensive discussions between anti-doping organisations and national and international data protection authorities for many years.
There are two opposing legal positions: Firstly, the obligation of anti-doping organisations under the World Anti-Doping Code (WADC) to publish sanction decisions. According to the WADC (Art. 10.15 WADC), automatic publication is a mandatory component of the sanction.
Secondly, the legal opinion of the national and European data protection authorities that the publication of the full names of athletes against whom a legally binding sanction has been imposed is not compatible with German and European data protection law
Current procedure of NADA Germany
NADA Germany lists all anti-doping rule violations in anonymised form in the annual report. Since 2020, arbitration awards and decisions have no longer been systematically published on the NADA Germany website.
Opinion of the data protection authorities
This approach is based on the fact that a petitioner's complaint against NADA Germany has been pending with the data protection supervisory authority responsible for NADA Germany - the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia (LDI NRW) - since March 2020.
The proceedings relate to the publication of sanction decisions in the ‘NADAjus’ database on the NADA Germany website, in which legally binding sanction decisions were published until the end of 2020 without naming the athletes concerned.
According to the preliminary assessment of the LDI NRW, this online publication of personal information and non-anonymised decisions from results management and disciplinary proceedings by NADA Germany is not permitted. According to the LDI NRW, there is no valid legal basis for this type of publication. The LDI NRW's comprehensive review process has still not been finalised.
Legal consequences for NADA Germany
If NADA Germany continues to systematically publish sanction decisions on the Internet until the facts of the case have been finally clarified and despite the clear legal opinion of the data protection authorities, NADA Germany is obviously exposed to a high risk of liability and recourse due to unlawful behaviour.
Requirements of the World Anti-Doping Code are fulfilled
At the same time, it should be noted that the current publication practice does not violate the so-called Code Compliance with the World Anti-Doping Code (WADC) of WADA. Insofar as publication in accordance with the WADC violates applicable national data protection law, NADA Germany will not be prosecuted for non-compliance if it refrains from publication in whole or in part. This also follows from WADA's International Standard for the Protection of Privacy and Personal Information under sports law.
NADA Germany informs all responsible bodies
All competent bodies with a legitimate interest in the sanction decisions on the basis of the WADC or statutory provisions, such as WADA as well as national and international sports federations, public prosecutors' offices, professional bodies (German armed forces, etc.), will continue to be informed promptly and comprehensively in accordance with the WADC.
In the case of a legitimate interest, this also includes passing on the information to Deutsche Sporthilfe so that it can stop the payment of sponsorship money and reclaim it if necessary.
Furthermore, NADA Germany informs the Sports Committee of the German Government once a year in the Anti-Doping Report that reports on the associations' anti-doping work and includes an overview of all cases. As well n the annual report an overview of all cases without giving names is part.
In 2021, NADA Germany pointed out valid data protection principles as part of the evaluation of the Anti-Doping Act
As part of the evaluation of the Anti-Doping Act in 2021, NADA Germany drew the legislator's attention in its statement to the tension between anti-doping regulations and national and European data protection law and called for valid data protection principles.
The press releases are available on the NADA Germany website at short notice and are deleted after a short time in accordance with the instructions of the data protection authorities.
NADA Germany informs the public after proportionate consideration in individual cases
In individual cases, NADA Germany informs the public if facts relating to doping and the names of athletes concerned are already known. In this respect, NADA Germany's press releases serve to provide clarifying information.
However, the publication of anti-doping violations with names requires NADA Germany to weigh up the protection of the personal rights of the persons concerned against the legitimate public interest in transparency in sport in each individual case.
The press releases can be accessed on the NADA Germany homepage at short notice and will be deleted after a short time in accordance with the instructions of the data protection authorities.
Numbers
Since the NADAjus database was discontinued, NADA Germany has no longer systematically published 99 cases online on the NADA Germany homepage.
From the 99 cases in 23 cases (23,23%) NADA Germany has made a press release or publicly commented on the cases.
Data protection in Europe // ECJ proceedings and legal opinions
The tension between data protection and anti-doping work affects all European countries and has also become very important internationally. Currently, a case brought by Austria is pending before the European Court of Justice, which explicitly deals with the legal basis for data processing in anti-doping work. The main focus is on the admissibility under data protection law of the publication of sanction decisions in the case of doping offences. (https://www.nada.at/de/service/news/newsshow-veroeffentlichung-von-dopingsanktionen-eugh-verhandelt-ueber-vereinbarkeit-mit-der-dsgvo)
The European Data Protection Board (EDPB) also issued a statement in February 2025 with urgent advice on the data protection revision of the WADC2027. (https://www.edpb.europa.eu/system/files/2025-02/edpb_recommendations_202501_wada_2027_world_anti-doping_code_en.pdf)
NADA Germany is committed to the legally compliant establishment of uniform standards
NADA Germany recognises the controversial views and opinions of athletes in particular in the area of conflict between anti-doping rules and data protection.
With regard to the publication of sanction decisions, NADA Germany is in contact with the data protection authorities and, together with other national anti-doping organisations (especially in Europe) and WADA, is committed to the legally compliant establishment of uniform data protection standards in anti-doping work and for athletes.