Federal (Canada)Personal Information Protection and Electronic Documents ActDiscontinued

Compliance agreement between the Privacy Commissioner of Canada and the World Anti-Doping Agency

Organization: World Anti-Doping Agency (WADA)Complainant: Anonymous applicant
Plain-language brief

The World Anti-Doping Agency (WADA) entered into a compliance agreement with the Privacy Commissioner of Canada (OPC) to resolve an investigation into WADA's collection, use, and disclosure practices concerning athletes' personal information in its Anti-Doping Administration and Management System (ADAMS). The OPC launched an investigation after receiving a complaint, and WADA disputed the allegations and challenged the OPC's jurisdiction in Federal Court. Without admitting contravention or waiving jurisdictional rights, WADA agreed to remedial measures. These measures include ceasing to permit Anti-Doping Organizations (ADOs) to use ADAMS data for non-anti-doping purposes, updating the World Anti-Doping Code, and amending agreements with ADOs to restrict data use to anti-doping purposes only. WADA will also provide the OPC with a mechanism to ensure ADOs adhere to these restrictions. The investigation will be placed in abeyance and discontinued upon completion of the remedial measures.

Key issues
  1. 1Whether WADA's collection, use, and disclosure practices of athletes' personal information in ADAMS comply with PIPEDA
  2. 2Whether the OPC has statutory, territorial, and/or subject matter jurisdiction over WADA
  3. 3Whether ADOs are permitted to use personal information in ADAMS for purposes other than anti-doping
Outcome breakdownFavours: Applicant / complainant
  • Jurisdiction: Not decided (abeyance)
  • Data use for non-anti-doping purposes: WADA to cease practice
  • World Anti-Doping Code: WADA to update Code
  • Agreements with ADOs: WADA to amend agreements
  • Compliance mechanism: WADA to provide mechanism
  • Investigation status: Investigation in abeyance
Outcome

Compliance agreement reached — investigation to be discontinued upon completion of remedial measures

Reasoning

The parties entered into a compliance agreement under sections 17.1 and 17.2 of PIPEDA to resolve the investigation, with WADA agreeing to implement specific remedial measures without admitting contravention or waiving jurisdictional challenges.

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Decision notes
Recommended action / remedy

WADA agreed to cease permitting ADOs to use personal information in ADAMS for purposes other than anti-doping, update the World Anti-Doping Code, amend agreements with ADOs, and implement a mechanism to ensure ADOs only use ADAMS data for anti-doping purposes.

Statutes considered
  • s.17.1 PIPEDA
  • s.17.2 PIPEDA

This summary is informational only and not legal advice

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