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

In brief

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.

Key provisions

• Para 27: Processing of special category data is permitted for anti-doping purposes only — 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 — 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 — 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 — 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.

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.