Primary Legislation DPA2018-SCH1-PARAS-27-28 Primary Settled

Data Protection Act 2018, Schedule 1, Paragraphs 27–28 — Sport-Specific Processing Conditions

Data Protection Act 2018, Schedule 1, Part 2, paras 27–28 2018 United kingdom

What This Authority Covers

DPA 2018 Schedule 1 contains only two sport-specific conditions for processing special category data. Paragraph 27 covers anti-doping and paragraph 28 covers integrity in sport (dishonesty, malpractice, seriously improper conduct). Neither provides a lawful basis for processing gender reassignment data for the purpose of determining participation eligibility. This is critical for rebutting respondent defences that claim sport-specific data protection conditions authorise their processing of trans participants' data.

When Relevant

When a sports body claims lawful basis under sport-specific DPA conditions for processing gender reassignment data, or when assessing whether a registration system that processes birth sex data has an adequate Article 9 condition.

Key Provisions

Para 27: Processing of special category data is permitted for anti-doping purposes only Respondent
testing, investigations, and sanctions related to prohibited substances
Paragraph 27: processing of special category data is permitted for anti-doping purposes only — limited to testing, investigations, and sanctions related to prohibited substances.
Para 28: Processing of special category data is permitted for protecting the integrity of sport Respondent
limited to dishonesty, malpractice, seriously improper conduct, and incompetence
Paragraph 28: processing of special category data is permitted for protecting the integrity of sport — limited to dishonesty, malpractice, and seriously improper conduct.
holding-1 Respondent
Neither paragraph authorises processing of special category data for participation eligibility decisions based on sex or gender reassignment status
Paragraph 27: processing of special category data is permitted for anti-doping purposes only — limited to testing, investigations, and sanctions related to prohibited substances.
holding-2 Respondent
Organisations citing 'sport-specific DPA conditions' for trans participation policies are likely relying on an inapplicable legal basis
Paragraph 28: processing of special category data is permitted for protecting the integrity of sport — limited to dishonesty, malpractice, and seriously improper conduct.

Current Status & Context

These paragraphs are the only sport-specific conditions in DPA 2018 Schedule 1. Neither covers participation eligibility for trans athletes — para 27 is limited to anti-doping and para 28 to integrity (dishonesty, malpractice, seriously improper conduct).