论兴奋剂“行踪”规则与运动员隐私权的冲突

摘要

Doping in sport has been a difficult problem, and the anti-doping fight has been continued. Anti-doping organizations have been taking measures to increase dition to a routine doping test during competition, the no-notice the athlete doping efforts, and in ad- drug testing rules are effective against ant-doping at out-competition doping context. According to the rules, athletes must provide accurate whereabouts information to the ant-doping organization at any time. However, the ＂whereabouts＂ rule is conflicted with the right to privacy. Beginning with the right to privacy, and by discussing the World Anti-Doping Agency and its rules, this paper would analysis on the ＂whereabouts＂ rule, and preliminary study on the conflict between ＂whereabouts＂ rule and the right to privacy in order to seek the solutions to the conflict.%兴奋剂问题一直是困扰体育运动的一大难题，而反兴奋剂斗争同样也一直在持续。反兴奋剂组织不断采取措施加大对运动员兴奋剂检查力度，除比赛环节的兴奋剂例行检测外，不事先通知的药物测试规则是打击运动员赛外服用兴奋剂的有效措施。根据规定，运动员必须随时提供准确行踪信息。但是，该“行踪”规则与隐私权出现了冲突。对“行踪”规则与隐私权的冲突问题进行初步探讨，以期寻求解决两者冲突的途径。