TRANSGENDER ATHLETES: THE BALANCE BETWEEN PERSONAL DATA PROTECTION AND THE FAIR COMPETITION PRINCIPLE
TRANSGENDER ATHLETES: THE BALANCE BETWEEN PERSONAL DATA PROTECTION AND THE FAIR COMPETITION PRINCIPLE

Author(s): Anna DI GIANDOMENICO
Subject(s): Gender Studies, Sociology, Sports Studies
Published by: Discobolul Publishing House
Keywords: transgender athletes; fair competition principle; GDPR;
Summary/Abstract: The right of transgender athletes to participate in sports competitions no longer seems to be in question, even if this is a right only recently established. DSD (Disorders of Sexual Development), having a genetic nature, are more widespread than perceived (about one person affected every 2500 births). To these, we have to add all individuals whose sexual identification arises for psychological reasons. Given that, it is obvious how the question is much more important (in numerical terms) of what is currently emerging. We want to focus on the hard balance between personal data protection and the fair competition principle, after the entry into force of the EU General Data Protection Regulation (GDPR), on 25 May 2018. According to GDPR rules, it is prohibited to process data concerning health or sex life. Thus, data regarding sexual identity and/or any changes in gender-related sex fall under special protection. In terms of sports law, IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism (November 2015) reformed previous Stockholm Consensus on Sex Reassignment in Sports (1973). According to it, the completion of surgical anatomical changes is no longer a sine qua non condition, being sufficient the declaration of the gender by athletes. Recalling how athletes have to compete according to the fair competition principle, we wonder if European regulation collides with the respect of this principle. How can we balance them? How can we solve this conflict under the GDPR rules, coordinated with the norms of legal sports systems?"

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