ALGUNAS CONSIDERACIONES SOBRE LA PROTECCIÓN DE DATOS EN EL TRATAMIENTO DE MUESTRAS BIOLÓGICAS Y DATOS DE SALUD CON FINALIDAD DE CONTROL ANTIDOPAJE EN EL ÁMBITO DEPORTIVO: EL PASAPORTE BIOLÓGICO

Abstract

This paper reflects on the legal implications of the treatment of biological samples and personal data with the purpose of anti doping control in the sports field. The impact that doping has on the athletes` health, on the participants` equal conditions and finally as a factor of "perversion" of the values or ethics in sport (attempting to convey bad sports practices to society as a whole) —three pillars underlying the anti-doping regime— has led private and public -national and international- bodies to develop mechanisms for forbidding this practice. As a result of all this, the control of doping in sport competitions has become a major concern having acquired a high social dimension during the last years. In parallel, this concern has mirrored in the policy-making sphere. The fight against doping practices has become a priority of these actions and it is very opportune to consider, if this regulatory framework that have been established and the practice of controls, is respectful and contemplates the more general framework referred to the protection of fundamental rights, both in the fundamental norms of the different countries and in the European Charter of Rights.