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Data is, nowadays, a highly valuable commodity, not least in sport.<\/p>\n
Athletes\u2019 performances can be tracked, measured and analysed through a wide range of personal data.<\/p>\n
In Switzerland, the processing of such data is governed primarily by the revised Federal Act on Data Protection (\u201cFADP\u201d)<\/strong>, <\/strong>which entered into force on 1 September 2023<\/strong>. The FADP strengthened data protection in Switzerland and aligned Swiss law more closely with the European Union General Data Protection Regulation.<\/p>\n In sport, athletes\u2019 data may include:<\/p>\n Scope of the FADP<\/strong><\/p>\n Under the FADP, the law applies to natural persons whose personal data is processed<\/strong>.<\/strong> It also has an extraterritorial element: the FADP applies to circumstances that have an effect in Switzerland, although initiated abroad.<\/strong> Accordingly, Swiss data-protection law is not limited to processing data which is physically carried out in Switzerland.<\/p>\n Athletes\u2019 data and sensitive personal data<\/strong><\/p>\n In sport, athletes\u2019 data will often qualify as sensitive personal data under Swiss law, in particular where it concerns health data<\/strong>, genetic data<\/strong> or biometric data uniquely identifying a natural person<\/strong>. This is especially relevant where sports bodies process injury reports; diagnoses; rehabilitation plans; fitness assessments; certain anti-doping materials and certain biometric identification data.<\/p>\n By contrast, not every item of performance or tracking data is automatically sensitive under the FADP; this depends upon whether it reveals protected health information or otherwise falls within another protected category.<\/p>\n Core obligations<\/strong><\/p>\n The FADP requires sports bodies to process personal data in a lawful, transparent and proportionate manner.<\/p>\n They must inform athletes of the identity of the controller, the purpose of processing and, where applicable, the recipients of the data.<\/p>\n They must also ensure appropriate technical and organisational data security.<\/p>\n The FADP also introduced or strengthened several compliance obligations, including:<\/p>\n In practical terms, this is particularly relevant for clubs, federations and other sports bodies using athlete-management platforms, wearable technologies, cloud storage, medical databases or international competition systems.<\/p>\n Swiss law also requires that personal data be destroyed or anonymised as soon as it is no longer required for the purpose of processing.<\/p>\n Rights of athletes<\/strong><\/p>\n Athletes, as data subjects, have rights under the FADP, including the right to request information about the processing of their personal data, the right to seek correction of inaccurate data and, in certain cases, the right to data portability.<\/p>\n These rights may become particularly relevant in disputes involving medical records, disciplinary matters or performance-related data.<\/p>\n\n
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