No Cover Image

E-Thesis 314 views 474 downloads

Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements. / Oskar MacGregor

Swansea University Author: Oskar MacGregor

Abstract

The World Anti-Doping Agency (WADA) is the primary global organization responsi­ble for implementing rules against doping in sport. A central element of its mission is the requirement that elite athletes submit their whereabouts information for every day of the year to their relevant Anti-Doping Org...

Full description

Published: 2013
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
URI: https://cronfa.swan.ac.uk/Record/cronfa42914
Tags: Add Tag
No Tags, Be the first to tag this record!
first_indexed 2018-08-02T18:55:50Z
last_indexed 2019-10-21T16:48:41Z
id cronfa42914
recordtype RisThesis
fullrecord <?xml version="1.0"?><rfc1807><datestamp>2018-08-31T16:12:13.0324964</datestamp><bib-version>v2</bib-version><id>42914</id><entry>2018-08-02</entry><title>Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.</title><swanseaauthors><author><sid>28c1edce81ade986252c6e076097bc69</sid><ORCID>NULL</ORCID><firstname>Oskar</firstname><surname>MacGregor</surname><name>Oskar MacGregor</name><active>true</active><ethesisStudent>true</ethesisStudent></author></swanseaauthors><date>2018-08-02</date><abstract>The World Anti-Doping Agency (WADA) is the primary global organization responsi&#xAD;ble for implementing rules against doping in sport. A central element of its mission is the requirement that elite athletes submit their whereabouts information for every day of the year to their relevant Anti-Doping Organization (ADO), in order to facilitate no advance notice out-of-competition doping testing. These requirements have attracted considerable criticism, including the claim that they invade elite athlete privacy in a legally or ethically unacceptable manner.The validity of these claims is threatened by the contestedness of the concept of pri&#xAD;vacy, which arises from the many different uses to which the concept is put, including in legal and philosophical contexts. Resolving this conceptual confusion requires tak&#xAD;ing an explicit position on various questions of philosophical methodology, themselves subject to contention. As an alternative to such abstraction, and particularly given the need for a philosophically defensible yet pragmatic policy application, I argue that pri&#xAD;vacy is best conceived of as the absence of certain contextually relevant harms to the person, which arise in relation to such underlying normative values as fairness between competing athletes.In the specific context of elite athlete whereabouts requirements, I maintain that privacy concerns arise principally in relation to surveillance, intrusion, and breaches of confidence. Of these, the first and second face legal difficulties in the UK, on the basis of European legislation concerning human rights and maximum working time. Ethical problems also arise due to WADAs undifferentiated application of the whereabouts requirements, which ignores the heterogeneity of different types of sports and their respective vulnerabilities to doping. I argue that WADAs whereabouts requirements ought therefore to be revised to (a) ensure that they do not conflict with established law, and (b) respect the very different sets of circumstances entailed by the heteroge&#xAD;neous world of elite sports.</abstract><type>E-Thesis</type><journal/><journalNumber></journalNumber><paginationStart/><paginationEnd/><publisher/><placeOfPublication/><isbnPrint/><issnPrint/><issnElectronic/><keywords>World Anti-doping Agency</keywords><publishedDay>31</publishedDay><publishedMonth>12</publishedMonth><publishedYear>2013</publishedYear><publishedDate>2013-12-31</publishedDate><doi/><url/><notes/><college>COLLEGE NANME</college><department>Public Health and Policy Studies</department><CollegeCode>COLLEGE CODE</CollegeCode><institution>Swansea University</institution><degreelevel>Doctoral</degreelevel><degreename>Ph.D</degreename><apcterm/><lastEdited>2018-08-31T16:12:13.0324964</lastEdited><Created>2018-08-02T16:24:30.7730028</Created><path><level id="1">Faculty of Medicine, Health and Life Sciences</level><level id="2">School of Health and Social Care - Public Health</level></path><authors><author><firstname>Oskar</firstname><surname>MacGregor</surname><orcid>NULL</orcid><order>1</order></author></authors><documents><document><filename>0042914-02082018162531.pdf</filename><originalFilename>10821304.pdf</originalFilename><uploaded>2018-08-02T16:25:31.8000000</uploaded><type>Output</type><contentLength>7548989</contentLength><contentType>application/pdf</contentType><version>E-Thesis</version><cronfaStatus>true</cronfaStatus><embargoDate>2018-08-02T16:25:31.8000000</embargoDate><copyrightCorrect>false</copyrightCorrect></document></documents><OutputDurs/></rfc1807>
spelling 2018-08-31T16:12:13.0324964 v2 42914 2018-08-02 Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements. 28c1edce81ade986252c6e076097bc69 NULL Oskar MacGregor Oskar MacGregor true true 2018-08-02 The World Anti-Doping Agency (WADA) is the primary global organization responsi­ble for implementing rules against doping in sport. A central element of its mission is the requirement that elite athletes submit their whereabouts information for every day of the year to their relevant Anti-Doping Organization (ADO), in order to facilitate no advance notice out-of-competition doping testing. These requirements have attracted considerable criticism, including the claim that they invade elite athlete privacy in a legally or ethically unacceptable manner.The validity of these claims is threatened by the contestedness of the concept of pri­vacy, which arises from the many different uses to which the concept is put, including in legal and philosophical contexts. Resolving this conceptual confusion requires tak­ing an explicit position on various questions of philosophical methodology, themselves subject to contention. As an alternative to such abstraction, and particularly given the need for a philosophically defensible yet pragmatic policy application, I argue that pri­vacy is best conceived of as the absence of certain contextually relevant harms to the person, which arise in relation to such underlying normative values as fairness between competing athletes.In the specific context of elite athlete whereabouts requirements, I maintain that privacy concerns arise principally in relation to surveillance, intrusion, and breaches of confidence. Of these, the first and second face legal difficulties in the UK, on the basis of European legislation concerning human rights and maximum working time. Ethical problems also arise due to WADAs undifferentiated application of the whereabouts requirements, which ignores the heterogeneity of different types of sports and their respective vulnerabilities to doping. I argue that WADAs whereabouts requirements ought therefore to be revised to (a) ensure that they do not conflict with established law, and (b) respect the very different sets of circumstances entailed by the heteroge­neous world of elite sports. E-Thesis World Anti-doping Agency 31 12 2013 2013-12-31 COLLEGE NANME Public Health and Policy Studies COLLEGE CODE Swansea University Doctoral Ph.D 2018-08-31T16:12:13.0324964 2018-08-02T16:24:30.7730028 Faculty of Medicine, Health and Life Sciences School of Health and Social Care - Public Health Oskar MacGregor NULL 1 0042914-02082018162531.pdf 10821304.pdf 2018-08-02T16:25:31.8000000 Output 7548989 application/pdf E-Thesis true 2018-08-02T16:25:31.8000000 false
title Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
spellingShingle Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
Oskar MacGregor
title_short Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
title_full Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
title_fullStr Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
title_full_unstemmed Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
title_sort Anti-doping, whereabouts, and privacy: An ethico-legal analysis of WADA's whereabouts requirements.
author_id_str_mv 28c1edce81ade986252c6e076097bc69
author_id_fullname_str_mv 28c1edce81ade986252c6e076097bc69_***_Oskar MacGregor
author Oskar MacGregor
author2 Oskar MacGregor
format E-Thesis
publishDate 2013
institution Swansea University
college_str Faculty of Medicine, Health and Life Sciences
hierarchytype
hierarchy_top_id facultyofmedicinehealthandlifesciences
hierarchy_top_title Faculty of Medicine, Health and Life Sciences
hierarchy_parent_id facultyofmedicinehealthandlifesciences
hierarchy_parent_title Faculty of Medicine, Health and Life Sciences
department_str School of Health and Social Care - Public Health{{{_:::_}}}Faculty of Medicine, Health and Life Sciences{{{_:::_}}}School of Health and Social Care - Public Health
document_store_str 1
active_str 0
description The World Anti-Doping Agency (WADA) is the primary global organization responsi­ble for implementing rules against doping in sport. A central element of its mission is the requirement that elite athletes submit their whereabouts information for every day of the year to their relevant Anti-Doping Organization (ADO), in order to facilitate no advance notice out-of-competition doping testing. These requirements have attracted considerable criticism, including the claim that they invade elite athlete privacy in a legally or ethically unacceptable manner.The validity of these claims is threatened by the contestedness of the concept of pri­vacy, which arises from the many different uses to which the concept is put, including in legal and philosophical contexts. Resolving this conceptual confusion requires tak­ing an explicit position on various questions of philosophical methodology, themselves subject to contention. As an alternative to such abstraction, and particularly given the need for a philosophically defensible yet pragmatic policy application, I argue that pri­vacy is best conceived of as the absence of certain contextually relevant harms to the person, which arise in relation to such underlying normative values as fairness between competing athletes.In the specific context of elite athlete whereabouts requirements, I maintain that privacy concerns arise principally in relation to surveillance, intrusion, and breaches of confidence. Of these, the first and second face legal difficulties in the UK, on the basis of European legislation concerning human rights and maximum working time. Ethical problems also arise due to WADAs undifferentiated application of the whereabouts requirements, which ignores the heterogeneity of different types of sports and their respective vulnerabilities to doping. I argue that WADAs whereabouts requirements ought therefore to be revised to (a) ensure that they do not conflict with established law, and (b) respect the very different sets of circumstances entailed by the heteroge­neous world of elite sports.
published_date 2013-12-31T03:53:54Z
_version_ 1763752682780098560
score 10.993443