Location, location, location: the whereabouts rule and the right to privacy

Pendlebury, Adam and McGarry, John ORCID: 0000-0002-5590-7115 (2009) Location, location, location: the whereabouts rule and the right to privacy. Cambrian Law Review, 40. pp. 63-75. ISSN 0084-8328

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Abstract

The new World Anti-Doping Agency Code came into effect on IS January 2009. It introduced a new international standard for testing which requires athletes in the Registered Testing Pool of their country - usually, the top athletes in an Olympic sport or the leading players in a team sport - to give three-months' advanced notice of their 'whereabouts 'for one hour per day, 365 days a year. The rationale put forwardfor the rule is that the availability of athletes for out-of-competition testing is an essential element in the fight against doping. The article assesses whether a challenge to the rule could succeed under Article 8 of the European Convention on Human Rights. It explores the possibility of a UK athlete enforcing this right in the domestic courts against UK Athletics, and argues that, despite a tendency for the courts to give a narrow interpretation to the term 'public authority' under section 6(3)(b) of the Human Rights Act 1998, the enforcement of the whereabouts requirement could amount to a function of a public nature. In terms of the substantive Article 8 right, the article asks whether providing whereabouts information infringes an athlete's right to privacy and, if it does, whether the infringement of this right can bejustified It argues that, despite pursuing a legitimate objective of protecting the rights of 'clean athletes', it may be a disproportionate response to the problem.

Item Type: Article
Uncontrolled Keywords: Sport, Anti-Doping; WADA, Whereabouts Rule; Human Rights Act; Privacy
Divisions: School of Law
Depositing User: Tracey Gill
Date Deposited: 13 Sep 2018 11:12
Last Modified: 25 Sep 2019 13:55
URI: http://ubir.bolton.ac.uk/id/eprint/1935

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