@misc{9226846,
  abstract     = {{Modern elite sports are characterized by extensive processing of personal data, particularly professional athletes’ health data. To remain competitive, both as an individual athlete and as a team, far-reaching planning of training, health, and lifestyle is required. In addition, teams have access to advanced technology that enables the maximization of performance. As a result, the processing of health data has become an integral part of elite sports.

The processing consists of, for example, regular medical examinations, such as blood tests, as well as the use of so-called wearables, which enable the monitoring of heart rate, sleep, and physical load. The data is used to optimize training, nutrition, and recovery to enhance performance. The processing entails significant benefits for the athlete, who typically has a strong interest in development and top-level performance. At the same time, it involves risks. Health data may be used to the detriment of the athlete, such as in decisions regarding contract renewals. If such data is disclosed, it may also negatively impact the athlete’s life beyond their sports career by, for example, affecting the athlete’s ability to obtain insurance in the future. The processing thus raises significant data protection concerns. Under the General Data Protection Regulation, health data constitutes a special category of personal data, and the processing of such data is prohibited pursuant to article 9. However, there are a few derogations to this rule which could be applicable in the elite sport processing context. This thesis therefore examines how the processing of health data within elite sport should be assessed in relation to article 9, as well as to what extent such processing may be subject to one of the exceptions set out in the provision. Furthermore, the thesis aims to analyze whether the GDPR, in its current form, provides a sufficient legal framework for the specific nature of sports.

The thesis is based on EU law and adopts an EU law methodology, applying the hierarchy of legal sources recognized within EU law. Based on this, the rules of the GDPR and the meaning of article 9 are examined. The provisions are then applied to the elite sport context addressed in the thesis. The legal position is characterized by uncertainty. There is a noticeable absence of guidance by the Court of Justice through case law, which gives rise to interpretative uncertainties. The analysis leads to the conclusion that the processing of health data, in its entirety, is unlikely to be justified under any of the derogations provided for in the GDPR. The exception in article 9(2)(h) may, to some extent, allow for processing carried out for medical purposes, whereas processing carried out solely for performance optimization appears difficult to reconcile with the provision. The analysis further considers the advantages and disadvantages associated with the processing of health data and culminates in a discussion which concludes that the GDPR is not sufficient for the complex reality characterizing elite sports.}},
  author       = {{Linderoth, Amanda}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Prestation till varje pris? - Elitidrottens behandling av hälsouppgifter i ljuset av GDPR}},
  year         = {{2026}},
}