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The World Anti-Doping Agency (WADA) should reassess its so-called "whereabouts" rule as many points contravene the European Union's privacy laws, a key EU panel said Tuesday.

The panel said there were "numerous issues that remain problematic" with the rule requiring athletes to give detailed schedules of their whereabouts for drug testing. It has angered many individuals and sports organizations and has led to legal challenges.

"Care should be taken to avoid the false belief that it ensures, throughout the world, an adequate level of protection for personal data processed in the EU, as required by EU law," the panel said in an opinion published on its website.

"It is also in light of the proportionality principle that the Working Party invites WADA and anti-doping organizations to reassess the collection of Whereabouts as it is conceived today, and more in general, the current retention period of processed data."

The panel's decision will form the basis of a broader and far-reaching binding legal opinion by the European Commission, the executive arm which oversees EU legislation within the 27-nation bloc due to be published before the northern summer.

EU Sports Commissioner Jan Figel had asked WADA to suspend the rule, in force since January 1, while Brussels examined it. He said in an interview with Reuters that the rule should "be potentially amended."

WADA said the panel went beyond its mandate and the opinion "contains some regrettable factual errors and could potentially undermine the fight against doping."

"WADA repeatedly offered to meet with the Working Party to provide more information and clarifications, but the European Commission, acting as the Working Party Secretariat, regrettably turned down our requests," WADA president John Fahey said in a statement.

"By challenging well-established and accepted anti-doping practices and offering no constructive solutions, the Working Party could potentially undermine the fight against doping in sport, and the protections offered to clean athletes in the region of the world (Europe) that has previously been a leader in this fight."

PRIVATE LIFE

Many top athletes such as tennis world number one Rafa Nadal and Olympic pole vault champion Yelena Isinbayeva say they oppose the policy under which athletes have to give three months' notice of where they will be for an hour each day.

"WADA should reconsider requesting the residence on each day of the following quarter (even temporary lodging) as this would appear to be questionable," the panel said.

The International Olympic Committee (IOC) supports the rule but WADA is at loggerheads with many sports governing bodies such as soccer's FIFA and cycling's UCI over the matter.

A legal challenge has been lodged in Belgium on behalf of 65 athletes, including cyclists and volleyball players, who argue the rule breaks EU privacy laws. FIFPro, the soccer players' union, is also mounting a case.

FIFA also say out-of-competition tests should take place only at club training facilities and players should not be tested during holidays in order to respect their private lives.

The EU panel said "controls should be carried out at appropriate times and by appropriate methods without unreasonably interfering with the private life of a sportsman or sportswoman."

The opinion stated that the "type of sport" and "level at which the athlete competes" should also be taken into account before testing.

"Moreover, requests about any regular activities other than competition and training could be considered disproportionate when made to athletes other than top athletes who are active in national and international competitions," the panel said.

(Source: Reuters)