Anti-doping agency asks court to declare privacy watchdog’s probe out of bounds

OTTAWA — The World Anti-Doping Agency is challenging the legal basis of the federal privacy watchdog’s investigation into the agency’s handling of biological samples collected from athletes.

The office of privacy commissioner Philippe Dufresne announced in November last year the investigation would examine whether the agency’s collection, use and disclosure practices respect Canada’s personal information law for the private sector.

The commissioner’s office said a complaint alleged the agency disclosed personal data to international sporting federations, and that the information was being used to assess athletes’ sex-based eligibility without their knowledge or consent.

The agency, headquartered in Montreal, was formed in 1999 to lead a collaborative worldwide movement for drug-free sport.

In a notice of application filed in Federal Court, the anti-doping agency says the privacy commissioner lacks jurisdiction over the subject matter of the investigation.

The commissioner’s office recently sent a letter to the agency expressing its view that it does have jurisdiction.

Vito Pilieci, a spokesman for Dufresne’s office, said the commissioner’s investigation is ongoing and, as the matter is before the court, it has no further comment.

The anti-doping agency notes in its application that it has created a code harmonizing policies, rules and regulations within sport organizations and among public authorities around the world. Signatories to the code, including many international sport federations, must follow its provisions.

The code requires the World Anti-Doping Agency to provide support and guidance to international federations and other anti-doping organizations in their efforts to comply with the provisions, says the agency’s notice of application.

As part of its obligations, the anti-doping agency maintains a web-based anti-doping administration and management system, the notice says.

The system, which contains athletes’ demographic, biological and testing-related information, is used by international federations, other anti-doping organizations, athletes and accredited laboratories, among others, the notice adds.

The World Anti-Doping Agency argues the privacy commissioner’s investigation is focused on the practices and conduct of anti-doping organizations outside Canada — organizations the agency says the commissioner lacks jurisdiction to monitor.

These foreign organizations have established rules, standards or regulations governing eligibility to compete in sports based on sex, the agency adds.

“However, WADA only engages in activities in furtherance of its anti-doping purposes, and does not engage in any activities involving the collection, use, disclosure, or other processing of personal information of athletes for any other purpose, including for determining sex-based eligibility,” the court application says.

The anti-doping agency says even though it disputes the privacy watchdog’s jurisdiction over the matter, it is “continuing to engage” with the commissioner on its investigation.

However, the agency adds that it “reserves its rights” concerning any final report the commissioner might issue.

The commissioner’s office is likely to file a response to the agency’s Federal Court application in coming weeks or months.

This report by The Canadian Press was first published Dec. 15, 2025.

Jim Bronskill, The Canadian Press