Anti-Doping Privacy Notice
The Anti-Doping Agency of Kenya is a signatory to the World Anti-Doping Code (the Code) and is responsible for implementing an Anti-Doping program in Kenya. This privacy notice describes how we will collect, use and share personal information about you to run our anti-doping program and create a clean sport environment for all athletes.
Types of Personal Information
The types of personal information we collect depend on your level as an athlete or your role in sport. It will also depend on how the Anti-Doping rules apply to you.
For example, if you need a therapeutic use exemption, you will need to provide us with medical information. If you are charged with an Anti-Doping rule violation, you may need to provide us with evidence in your defense. If you are not an athlete, we still may need to collect personal information about you, like education data and identifiers, but we will not ask you for whereabouts or need you to participate in anti-doping testing.
 Information that identifies or is identifiable to you, like your name, contact information, date of birth, gender, sport nationality, and the sports you participate in. |  Education data we need to make sure you are receiving anti-doping education, like the courses you complete, the dates you took them, and your assessment scores. |
 Whereabouts information that indicates where you can be found for anti-doping testing (for example, addresses for regular activities like training, work or school and for the location(s) where you will be available for testing during a daily one-hour time slot). We will tell you if you need to provide us with this information. |  Testing data that is created when we collect samples from you for an anti-doping test. (for example, doping control forms, type of test, sample code numbers, responses and information provided by you during a sample collection session) and the laboratory results from the analysis of your samples. |  Athlete Biological Passport (ABP) data, for example, biological passport ID, blood and steroid biological marker values and ratios, and expert recommendations and assessments. The ABP is another tool to identify doping based on the analysis of laboratory results obtained from anti-doping samples. |
 Medical information, if you need to apply for a Therapeutic Use Exemption because you have a medical condition and need to use a substance or a method that is normally not allowed to be used. |  Results management information, if we believe you have broken anti-doping rules. This includes information about the anti-doping rule violation you are charged with, evidence you provide in defense of a charge, and the decision on whether or not you will receive a sanction. |  Investigations information if we suspect you may have broken anti-doping rules. This can include information or evidence obtained from open source searches, from witnesses and other confidential sources, or through cooperation with law enforcement agencies. |
How and Why We Use Personal Information
Our role as an anti-doping organization (ADO) is to detect, deter and prevent doping in sport, in accordance with the Code, the International Standards (IS), and the
Kenya Anti-Doping Regulations. This involves using personal information to carry out the following anti-doping activities:
| Anti-Doping Activities | Main Personal Information Types Used for Each Activity |
|  | | |  |  |  |  |  |
| Providing anti-doping education to you. | | | | | | | | |
| Planning and conducting anti-doping tests, and locating you for these tests using the whereabouts information you submit. | | | | | | | | |
| Analyzing the results from your biological samples. | | | | | | | | |
| Analyzing and following up on the recommendations and results of your passport (Athlete Biological Passport or ABP). | | | | | | | | |
| Enforcing the Kenya Anti-Doping Regulations by identifying anti-doping rule violations, issuing charges, and managing related proceedings. | | | | | | | | |
| Processing requests to grant or recognize any therapeutic use exemptions (TUE) you apply for. | | | | | | | | |
| Gathering intelligence and conducting investigations to better target testing activities and identify anti-doping rule violations, including cooperating with law enforcement. | | | | | | | | |
| Communicating with you for the purposes described above. | | | | | | | | |
| Coordinating and collaborating with other ADOs, for example, by sharing intelligence to better target our testing activities or by sharing information about our education program to avoid duplication. | | | | | | | | |
| Reporting on our anti-doping activities to WADA to demonstrate our compliance with the Code and International Standards | | | | | | | | |
We also maintain records to improve, monitor and report on our anti-doping activities. This can include creating statistics by aggregating personal information. For example, we create statistics about anti-doping tests we conduct and anti-doping rule violations for which we are the results management authority.
Who We Share Personal Information With
We many need to share your personal information with the following individuals and organizations to run our anti-doping program and respect the Code:
- Individuals you authorize to receive or share your personal information, like an agent, coach, doctor, or a parent or guardian;
- Code Signatories that have testing authority, sample collection authority, or results management authority over you, like a National Anti-Doping Organization, International Federation, or Major Event Organizers;
- WADA (the World Anti-Doping Agency), that ensures all Code Signatories respect the rules of the Code. WADA also operates and manages ADAMS*, a platform hosted in Canada to which we will upload your personal information. Using ADAMS facilitates the collaboration and sharing of information needed to run our anti-doping program.
- Laboratories and Athlete Passport Management Units that analyze anti-doping samples and the Athlete Biological Passport. They are subject to the International Standard for Laboratories, and only have access to coded data (based on sample codes or National/Passport IDs);
- Delegated third parties and other service providers that we hire to help us carry out anti-doping activities and maintain our operations. Clearidium A/S and International Doping Tests & Management (IDTM) have agreed to strict contractual controls designed to protect your personal information.
- Public authorities responsible for enforcing sport and anti-doping laws and for investigating offences tied to doping in sport.
If you are found to have committed an anti-doping rule violation and receive a sanction as a result, then we may need to publish your name, sport, the anti-doping rule violated and why it was violated, as well as the consequences for you.
- We share personal information with Code Signatories, WADA, and public authorities in accordance with the rules of the Code and the International Standards or where required by law. This international cooperation is needed to achieve the strong public interests served by eliminating doping in sport, as permitted by the Kenya Anti-Doping Act . When we share personal information with delegated third parties or other service providers, we ensure they are operate in a location that has been deemed to provide adequate protection for personal information or that they are subject to appropriate contractual controls or other safeguards to protect your personal information.
Fair & Lawful Processing
We process your personal information in accordance with your consent; to serve the important public interests tied to the detection, deterrence and prevention of doping in sport, such as protecting athlete health and the intrinsic values and spirit of sport; to fulfil our contractual obligations to you; to fulfil our legitimate interests as an ADO and to comply with our legal obligations.
Your Rights
Because anti-doping is a mandatory feature of organized sport, it still may be necessary for us, WADA, and other ADOs and organizations to continue to process your personal information to fulfill obligations under the Code, the International Standards, and the
Kenya Anti-Doping Act , despite your objection to such processing or withdrawal of consent (where applicable). This includes processing for investigations or proceedings related to possible ADRVs, as well as processing to establish, exercise or defend against legal claims involving you, WADA and/or an ADO. Objecting or withdrawing consent could also have consequences for you, such as triggering your non-compliance with the Code and IS, as well as the
Kenya Anti-Doping Regulations producing an ADRV (e.g., under Article 2.3 of the Code – Evasion, Refusal or Failure to Submit to Sample Collection); or preventing you from participating in sporting events.
Please Contact Us to exercise your rights or if you have questions or complaints about how we handle personal information.
Safeguards & Retention
We have adopted measures, including administrative, technical, physical and contractual measures, to protect personal information in our custody and control against theft, loss and unauthorized access, use, modification or disclosure.
We restrict access to personal information on a need-to-know basis to employees and authorized delegated third parties and service providers who require access to fulfill their designated functions. The Anti-Doping organizations we share personal information with are bound by the same standards as us when they handle your personal information. These standards are described in the
International Standard for the Protection of Privacy and Personal Information. They include protecting your personal information, deleting it when no longer needed, being transparent, and allowing you to exercise rights like the right to access your personal information.
Your personal information will be kept in accordance with the criteria and retention periods set out in
Annex A of the ISPPPI. Retention periods in Annex A can be extended where required by law or for the purpose of conducting an Anti-Doping investigation or proceeding.
Contact Us
If you have any questions about how we handle personal information, or have any complaints, please contact us at
dataprotection@adak.or.ke. If you are not satisfied with how we have handled your complaint, you may notify WADA at
compliance@wada-ama.org or
privacy@wada-ama.org. WADA will handle the notice in accordance with the International Standard for Compliance by Signatories.
