Section 3: Prohibited activities, checks and investigations

Testing operations are carried out by the Director of the Testing Department of the French Anti-Doping Agency, who may delegate this task to agents under his hierarchical authority. The persons mentioned in article L. 232-11 may take biological samples intended to reveal the use of prohibited methods or to detect the presence of prohibited substances in the body. Only the persons mentioned in article L. 232-11 and who are authorised to do so by the Public Health Code may take blood samples. If they are doctors, these persons may carry out clinical medical examinations.

The persons authorised to carry out the checks may make any findings for the purpose of establishing a breach of the provisions of this Title.

Reports of the tests are drawn up and sent to the Agency. A copy is sent to the athlete being tested.

In the exercise of their duties to protect public health in the field of sport and to prevent public order violations that may result from the commission of doping-related offences, the persons mentioned in article L. 232-11 may use individual cameras to make an audiovisual recording of the notification of the test. The recording may also cover any other phase of the test, apart from the act of taking samples, when an incident occurs or is likely to occur, having regard to the circumstances of these operations or the behaviour of the persons concerned.

The purpose of the recordings is to prevent incidents during control operations, to detect breaches of the provisions of this Title and to prosecute the perpetrators by gathering evidence, and to train the persons responsible for the controls.

The cameras are worn in a visible manner by the persons mentioned in article L. 232-11. A specific visual signal indicates whether the camera is recording. The persons filmed are informed when the recording is triggered, unless circumstances prohibit this. General information for athletes on the use of these cameras is organised by the French Anti-Doping Agency. The staff to whom the individual cameras are supplied may not have direct access to the recordings they make.

Audiovisual recordings, except where they are used in judicial, administrative or disciplinary proceedings, shall be deleted after a period of six months.

The procedures for applying the four preceding paragraphs and for using the data collected shall be specified by a decree of the Conseil d'Etat, issued after consultation with the Commission nationale de l'informatique et des libertés.