In a case before the Court of Justice of the European Union, Advocate General Spielmann has issued an opinion on how EU member states handle the public disclosure of anti-doping violations.
In Case C‑474/24, four athletes challenged Austrian legislation mandating the online publication of personal data following anti-doping sanctions. This data included names, sports discipline, the suspension length and reasons for the sanctions. The athletes took their case to the CJEU following their unsuccessful appeals to national bodies.
The Austrian laws aim to deter athletes from committing infringements of the anti-doping rules and so to prevent doping in sport. They also aims to prevent circumvention of the antidoping rules by informing all persons likely to sponsor or engage the athlete in question that the athlete is suspended.
Advocate General Spielmann’s opinion stated that the systematic publication of this data may run contrary to GDPR principles, in particular proportionality and data minimisation. The publication of this personal information, especially in a non-pseudonymised form, may infringe on personal data rights. It may also include sensitive health data or data on criminal convictions, which require higher levels of protection. The opinion suggests that transparency and deterrence while reducing risks to privacy can be achieved through pseudonymised publication and targeted disclosure of this information to the relevant bodies.
The Austrian court must assess whether its national provisions meet GDPR standards. The opinion of the Advocate General is non-binding but will inform the CJEU’s final ruling which is expected in the coming months.
