Path Optimization of Athletes' Data Rights and Interests Protection in Anti-Doping Governance：From the Perspective of Fiduciary Duty

With technological changes, the data processing activities in anti-doping governance involve the in-depth risk profiles of athletes, and therefore it is necessary to treat the need to protect athletes' data rights and interests with caution. The existing model of "right granting-right protection" relies on the protection of privacy rights, facing such problems as the increasingly limited effectiveness of athletes' information self-determination and poor channels for safeguarding their rights. In view of the fact that athletes' rights are transferred and the public interest is entrusted, the introduction of the "entrust-fiduciary duty" relationship into the regulation foundation is more helpful to adjust the unequal status between athletes and anti-doping organizations, so as to balance the protection of data rights and the reasonable data processing behaviors, thus enhancing the credibility of anti-doping governance. Specifically, the consent standard of athletes should be reshaped based on the data fiduciary duty relationships: the anti-doping organizations shall review data risks and supervise the behaviors of third-party agents; remedies for the violation of obligations should also be clarified. Thus, the optimal mode of protecting athletes' data rights and interests will be gradually formed.