The Whereabouts Rule : Implications on Privacy and Data Protection Rights / Kelvin C. Omuojine. - 2009

Contents:

Chapter 1 Introduction

1.1 The Zeal To Win

1.2 The Integrity Of Sport

1.3 The Commercial Angle

1.4 Striking A Balance

Chapter 2 Doping In Sports And The Emergence Of The Whereabouts Rule

2.1 What Is Doping?

2.2 Brief History Of Doping

2.3 WADA: The Need For More Effective Anti-Doping Strategy

2.4 The WADA Code

2.5 The Whereabouts Rule

Chapter 3 Implication On Privacy Rights

3.1 Privacy Right For Athletes/Sportspersons

3.2 Possible Areas Of Conflict

3.3 The Belgian Challenge

Chapter 4 Implication On Data Protection Rights

4.1 Sport Globalisation And Data Protection Regimes

4.2 Article 29 Working Party Opinion And Related Issues

Chapter 5 Other Issues

5.1 The Principle Of Proportionality

5.2 Strict Liability

5.3 The Missed Tests Ban

Chapter 6 Recommendations And Conclusion

6.1 Recommendations

6.2 Conclusion

Bibliography

The World Anti-Doping Agency : Guardian of Elite Sport's Credibility / Maarten van Bottenburg, Arnout Geeraert, Olivier de Hon

Published in: Guardians of Public Value : How Public Organisations Become and Remain Institutions / Arjen Boin (ed), et al. - Springer, 2020. - Chapter 8; p. 185-210

• ISBN: 978-3-030-51700-7
• ISBN: 978-3-030-51701-4
• DOI: 10.1007/978-3-030-51701-4

Contents:

• Introduction
• A Moral Crisis in Elite Sport
• A Global Public–Private Body
• Establishing Performance and Reputation
• Mission Mystique in a Challenging Environment
  • Mission
  • Passion and Commitment
  • Transparency, Autonomy and Renewal
• An Institutional Crisis
• Challenges to Institutional Resilience
• WADA’s Experience in Perspective
• Questions for Discussion

The World Anti-Doping Code 2015 : ASSER International Sports Law Blog symposium / Antoine Duval, Herman Ram, Marjolaine Viret, Emily Wisnosky, Howard L. Jacobs, Mike Morgan. – (International Sports Law Journal 16 (2016) 1 (July) : page 99-117). - DOI: 10.1007/s40318-016-0097-9

Abstract:

This article brings together the contributions to a blog symposium on the new World Anti-Doping Code 2015 published on the ASSER International Sports Law Blog in October 2015. The contributions cover a variety of subjects, including the new sanctioning regime, the role of national anti-doping authorities, the working of therapeutic use exemptions and the increasing role played by the notion of intent under the WADC 2015.

Content:

1. Introduction
1.1 The WADA and its code: a schort history
1.2 Making the code 2015: the legislative process
1.3 The blog symposium on the WADA code 2015
2. The impact of the revised WADC on the work of NADOs
2.1 Introduction
2.2 Sanctions
2.3 Proportionality and human rights
2.4 Investigation and intelligence
2.5 Athlete support personnel (ASP)
2.6 Smart testing and analyzing
2.7 International federations and NADOs
2.8 A clearer and shorter code
2.9 Miscellaneous
3. The “Athlete Patient” and the 2015 Code: competing under medical treatment
3.1 Introduction
3.2 Obtaining clearance to compete – therapeutic use exemptions and conditional prohibitions
3.2.1 Amendments to procedural requirements for granting a TUE
3.2.2 Amendments to substantive requirements for granting a TUE
3.2.3 Transparency for conditionally prohibited substances
3.3 Sanctons for legitimate medical treatment without a TUE
3.4 Conclusion – remember health considerations behind anti-doping
4. “Proof of intent (or lack thereof) under the 2015 World Anti-Doping Code”
4.1 Why intent matters under the 2015 World Anti-Doping Code
4.2 How will the NADO/IF prove “intent” in cases involving “specified substance”
4.3 How does the athlete prove “no intent” in cases not involving “specified substances”?
5. Conclusion
6. Ensuring proportionate sanctions under the 2015 WADA Code
6.1 Introduction
6.2 Context
6.2.1 The Katrin Krabbe case
6.2.2 Specified substances
6.2.3 The rise and fall of “aggravating circumstances”
6.2.4 Proportionality
6.3 Comment
6.4 Concluding remark

The “Official Statement from WADA on the Vrijman Report”: Unintentional Proof to the Contrary / Emile Vrijman. – (International Sports Law Journal (2007) 1-2 (Apr-Jun) : p. 3-10)

Content:

1.) Introduction
1.2) Procedural aspects
1.3) WADA’s response
1.4) Purpose of this article
2.) The reason for an investigation
2.1) An Article in a newspaper
2.2) An investigation?
2.3) Letter of Authority
3.) Findings of the independent investigation
3.1) The investigators
3.2) Analyses LNDD of the urine sample from the 1999 Tour de France
3.3) The LNDD’s report
3.4) The UCI’s role
3.5) WADA’s role
3.6) Evaluation of the results of the investigation
4.) The “WADA Statement”
4.1) Structure of the WADA Statement
4.2) WADA’s criticism with regard to the findings of the investigation
4.3) Response to WADA’s criticisms
4.4) Conclusions with regard to the WADA Statement

Based on a general analysis of (the content of ) the WADA Statement itself, this article will examine in detail WADA’s criticism regrading (the conduct of ) the investigation in general and, more specifically, its results, in particular as far as the assessment of (the extent and nature of ) WADA’s involvement in this matter and the legitimacy of that involvement are concerned. Furthermore, this article will show why both the manner of WADA’s response, as well as the arguments it has put forward in the Statement, appear to confirm - it must be assumed unintentionally - rather then deny the investigation’s findings and assessment of WADA’s involvement in this matter.

Finally, this article will consider whether, and to what extent, the investigation’s findings regarding WADA might, at the same time, provide a possible explanation for the absence of any response or reaction, let alone action, by the “International Olympic Committee” (“IOC”), “International Sports Federations” (“IFs”) and national governments.
Given the fact, however, that almost one year has passed since the “Vrijman report” was first published, the article will begin by briefly summarising the principal facts and events which prompted the (“UCI”), the coordinating International Federation responsible for the sport of cycling, at the time to commission the independent investigation concerned, before proceeding to consider the main findings of the investigation in this matter as contained in the “Vrijman report”.

Theory of mind in users of anabolic androgenic steroids / Anja Vaskinn, Lisa E. Hauger, Astrid Bjørnebekk. - (Psychopharmacology (2020) 5 July; p. 1-9)

• PMID: 32623552
• DOI: 10.1007/s00213-020-05603-y

Abstract

Rationale: Anabolic androgenic steroids are used to improve physical performance or increase lean muscle mass. About one-third of users develop a dependency syndrome, which is characterized by elevated rates of psychopathology, cognitive impairments, and aggressive and antisocial behaviors. The mechanisms behind these intra- and interpersonal problems are not known.

Objective: To examine theory of mind (ToM), i.e., the ability to infer the mental state of others, in users of anabolic androgenic steroids. Reduced ToM may be one factor underlying the interpersonal problems that have been reported with prolonged use of anabolic androgenic steroids.

Methods: The Movie for the Assessment of Social Cognition (MASC) was used to assess ToM. Study participants were male/female weightlifters who used anabolic androgenic steroids (AAS, n = 34/9), who were dependent on anabolic androgenic steroids (AASdep, n = 44/7), and a non-using weightlifting comparison group (WLC, n = 69/16).

Results: Analyses of variance showed that the AASdep group performed significantly worse than the WLC group, for all MASC measures (total ToM, cognitive ToM, affective ToM, overmentalizing/undermentalizing errors). Sex and sex x group interaction effects were non-significant.

Conclusions: Male and female weightlifters who were dependent on anabolic androgenic steroids had impaired ToM. Their reduced social cognition may be one contributing factor to the elevated rates of antisocial behavior reported in this population.

Therapeutic use exemptions (TUE's) at the Olympic Games 1992–2012 / Kenneth D. Fitch. - British Journal of Sports Medicine. - vol. 13; no. 47: p 815-818. doi: 10.1136/bjsports-2013-092460.

The need for therapeutic use exemptions (TUE's) or the permitted use of Prohibited Substances and Prohibited Methods by athletes to treat significant medical conditions arose when several classes of drugs used commonly in medicine were prohibited in sport by the International Olympic Committee (IOC) during the 1980's. However, although the IOC Medical Commission (IOC-MC) gave qualified support for the concept to formally start at the 1992 Barcelona Olympics, the Commission's fears that athletes might abuse the mechanism resulted in minimal publicity and its non-inclusion in the Medical Code of the Olympic Movement for 8 years. TUE's would not be widely published until the advent of the World Anti-Doping Agency which not only approved the principles of TUE's as developed by the IOC's Medications Advisory Committee (MAC) in 1991, but also introduced the name of TUE. Several changes to the Prohibited List have resulted in TUE's being necessary for substances that were permitted 20 years ago as disclosed in a review of TUEs approved at the 11 Olympic Games that the IOC's MAC, later the TUE Committee (TUEC), has operated. The IOC and its TUEC played a pivotal role in developing the concept of TUE which is now globally accepted.

Thin is going to win? : Congres over eetproblemen in de sport / Bart Coumans. - (Sportgericht 64 (2010) 2 ; p. 28-31)

Thin is going to win? : Conferene on eating disorders in sport / Bart Coumans. - (Sportgericht 64 (2010) 2 ; p. 28-31)

Eetproblematiek wordt in de sport nog onderschat, maar gelukkig wel steeds meer onderkend. Het raakt verschillende disciplines. Onder de ruim 150 deelnemers aan het congres ‘Thin is going to win?’, dat op 4 maart 2010 op Papendal werd gehouden, waren dan ook vele sportdiëtisten, sportpsychologen, sportartsen en coaches.

Eating disorders are still underestimated in sports, but fortunately increasingly recognized. It touches different disciplines. Among the more than 150 participants at the conference 'Thin is going to win?", which was held at Papendal(nearby Arnhem, the Netherlands) on March 4, 2010, also were many sports nutritionists, sports psychologists, sports doctors and coaches.

Third-Party Testing Nutritional Supplement Knowledge, Attitudes, and Use Among an NCAA I Collegiate Student-Athlete Population / Kaila Ann Vento, Floris Cornelis Wardenaar. - (Frontiers in Sports and Active Living (2020) 15 September)

• PMID: 33345104
• PMCID: PMC7739801
• DOI: 10.3389/fspor.2020.00115

Abstract

Dietary supplements, sports foods, and ergogenic supplements are consumed to increase performance, recovery, and health, but risk contamination with illegal substances. Third-party testing programs may assist in regulating the purity and safety of supplements, yet athletes' attitudes and use of such programs are not widely reported. This study examined nutritional supplement knowledge, attitudes, and use, as well as the purchase of third-party tested supplements among university student-athletes (N = 138). Knowledge of nutritional supplements yielded a median and (IQR) score of 25% (17 to 42%). Sixteen percent of student-athletes said they were knowledgeable about supplements and their effects, p < 0.001. All athletes stated they used a dietary supplement or sports food at least once within the last 12 months, and 77% consumed at least one "claimed to be" ergogenic supplement. Sixty-six percent of student-athletes purchased nutritional supplements not provided by the athletic department. Females athletes were more likely to consume a combination of vitamins and single minerals, a larger variety of sports foods, exotic berries, herbs, maca root powder, ribose, ephedra, colostrum, and hydroxy-methyl-buterate (HMB) than males. Over 90% believed it was essential to know if a supplement was third-party tested. However, only 57% stated the supplements bought were third-party tested. No sex differences were found for nutritional supplement knowledge, attitudes, and use of third-party testing programs. Our results indicate a need to improve student-athletes' attitudes toward and knowledge of nutritional supplements, and the initiation of programs to assist in the choosing and consuming of third-party tested supplements.

Thyroid Therapy or Dysfunction in Athletes : Is It Time to Revisit the Clinical Practice Guidelines? / Krista G. Austin, Steven Petak. - (Current Sports Medicine Reports 18 (2019) 12 (December); p. 474-476)

• PMID: 31834179
• DOI: 10.1249/JSR.0000000000000663

Abstract

Recent media have highlighted the controversy surrounding treatment of elite athletes for hypothyroidism. The World Anti-Doping Agency denied a request by the United States Anti-Doping Agency to ban the use of thyroid medication. At present, there is no scientific evidence that thyroid medication has the potential to enhance performance. Clinical practice guidelines are not definitive in regard to what classifies a patient as having hypothyroidism. Thyroid-stimulating hormone and free T4 are recommended to screen for thyroid disease; however, the thyrotropin-releasing hormone stimulation test is still advocated by some for detecting the earliest stages of hypothyroidism. Hypothyroidism has been demonstrated to reduce cardiopulmonary function and result in musculoskeletal symptoms, such as fatigue and muscle stiffness. Symptoms of hypothyroidism, including depression, fatigue, and impaired sleep, are similar to those reported in overtraining. These patients may have hypothalamic-pituitary dysfunction that may complicate interpretation of basal thyroid-stimulating hormone and free T4. To date, no association has been identified between training state and hypothyroidism. Research to more clearly define hypothyroidism using provocative testing, evaluate the potential for thyroid medication to enhance performance, and examine whether training may induce hypothyroidism in athletes is desirable.

Thyrotoxic periodic paralysis in a competitive bodybuilder with thyrotoxicosis factitia / Amy J. Patel, Stephanie Tejera, Stanislaw P. Klek, Gary D. Rothberger. - (AACE Clinical Case Reports 6 (2020) 5 (September/October); e252-e256)

• PMID: 32984532
• PMCID: PMC7511107
• DOI: 10.4158/ACCR-2020-0154

Abstract

Objective: We report a case of thyrotoxic periodic paralysis (TPP) in a bodybuilder who developed paralysis secondary to thyrotoxicosis factitia after taking a supplement containing thyroid hormone. Interestingly, the patient had no intrinsic thyroid disease. Prompt recognition of thyrotoxicosis is critical to avoid progression of paralysis and subsequent complications.

Methods: We discuss a 27-year-old body builder who presented after a 3-day bodybuilding competition with sudden upper and lower extremity paralysis. He admitted to taking anabolic steroids, a supplement containing an unknown amount of thyroid hormone for 2 weeks, and furosemide 40 mg twice daily with near-complete fluid restriction for 3 days.

Results: Laboratory results showed a thyroid-stimulating hormone (TSH) level of <0.010 μIU/mL (normal, 0.3 to 5.8 μIU/mL), normal total triiodothyronine level, elevated free thyroxine level of 3.6 ng/dL (normal, 0.8 to 1.9 ng/dL), and potassium level of 1.9 mEq/L (normal, 3.7 to 5.2 mEq/L). Thyroid peroxidase antibody, thyroid-stimulating immunoglobulin, and thyroglobulin antibody levels were normal. Thyroid uptake was 1% (normal, 8 to 25%) after administration of I-123 and thyroglobulin level was 9 ng/mL (normal, 1.4 to 29.2 ng/mL). The patient was treated with normal saline infusion, magnesium supplementation and a total of 230 mEq of potassium within 12 hours of hospitalization. Muscle weakness resolved within this time period and potassium level normalized. By the third day of hospitalization free thyroxine level also normalized and TSH improved to 0.1 mIU/L.

Conclusion: TPP is a rare complication of thyrotoxicosis that should be considered in bodybuilders who are presenting with acute muscle weakness.