French Sports Code
In forceI.-For the sole purpose of detecting the presence in an athlete's sample and the use by that athlete of a substance or method prohibited pursuant to Article L. 232-9, the laboratory accredited by the World Anti-Doping Agency in France may, on the basis of blood or urine samples from athletes which are sent to it and in the event that other available techniques do not allow them to be detected, compare genetic fingerprints and examine genetic characteristics for the following cases :
1° An administration of homologous blood;
2° A substitution of samples taken;
3° A genetic mutation in one or more genes involved in performance inducing endogenous production of a substance prohibited under the same article L. 232-9;
4° Genetic manipulation capable of modifying somatic characteristics for the purpose of enhancing performance.
II.The tested person is expressly informed, prior to sampling, in particular at the time of registration for the sporting competition:
1° Of the possibility that the samples taken may be subjected to the analyses provided for in I of this article, specifying the nature of these analyses and their purpose;
2° Of the possibility of an incidental discovery of genetic characteristics that may be responsible for a condition justifying preventive measures or care for himself or herself or for the benefit of members of his or her family who may be concerned and of the consequences thereof, in accordance with the procedures mentioned in 3° and 4° of II of article 16-10 of the Civil Code.
III - The analyses provided for in I of this article are carried out on pseudonymised samples and concern only the relevant parts of the genome. The data analysed may not be used to reveal the identity of athletes or to profile athletes or select athletes on the basis of a given genetic characteristic.
Analyses are carried out on non-coding segments of deoxyribonucleic acid or, if they require the examination of genetic characteristics, may not lead to information other than that sought or provide knowledge of all of the person's genetic characteristics.
The genetic data analysed is destroyed without delay when it does not reveal the presence of any prohibited substance or the use of any prohibited method or, following disciplinary or criminal proceedings, when it reveals the presence of a prohibited substance or the use of a prohibited method.
IV - The processing of data resulting from these analyses is strictly limited to that which is necessary for the purposes set out in I. The analyses and the processing of the resulting data are carried out under conditions and in accordance with procedures specified by a decree of the Conseil d'Etat, issued after consultation with the Commission Nationale de l'Informatique et des Libertés.
V.-In the event of the incidental discovery of genetic characteristics that may be responsible for a condition justifying preventive measures or care for the person concerned or for any members of his family who may be affected, and unless he has previously objected, the person tested will be informed of the existence of such a discovery and invited to attend a consultation with a doctor qualified in genetics for treatment under the conditions laid down in Chapter I of Title III of Book I of Part One of the Public Health Code.
