REGULATION 21 Missed Test against the Player and shall notify the Player and/or his Union and (on a confidential basis) WADA and all other relevant Anti-Doping Organisations of that alleged Missed Test and the date of its occurrence. 21.5.6.28 Confidentiality – Whereabouts Failures When World Rugby or its nominee, Union or NADO declares, or receives notice of, a Whereabouts Failure in respect of a Player it shall not disclose that information beyond those persons with a need to know unless and until that Player is found to have committed an anti-doping rule violation under Regulation 21.2.4 (Whereabouts Failures) based on (among other things) such Whereabouts Failure. Such persons who need to know shall also maintain the confidentiality of such information until the same point of this process. (a) Whereabouts information relating to a Player shall be shared (through ADAMS or other Database) with WADA and other Anti- Doping Organisations having authority to test that Player, shall be maintained in strict confidence at all times, shall be used exclusively for the purposes set out in Article 5.6 of the Code, and shall be destroyed in accordance with the International Standard for the Protection of Privacy and Personal Information once it is no longer relevant for these purposes. 21.5.6.29 Judicial Proceedings World Rugby shall keep a record of all Whereabouts Failures alleged in respect to each Player within either its Registered Testing Pool or Testing Pool. Where it is alleged that such a Player has committed three Whereabouts Failures within any 12-month period: (a) Where two or more of those Whereabouts Failures were alleged by World Rugby, the Union or NADO that had the Player in its Registered Testing Pool subject to these Regulations at the time of those failures, then that Anti-Doping Organisation (whether World Rugby, the Union or NADO) shall be the Responsible Anti-Doping Organisation for the purposes of bringing proceedings against the Player under Regulation 21.2.4. If the Whereabouts Failures were alleged by three different Anti-Doping Organisations then the Responsible Anti-Doping Organisation for these purposes will be the Anti-Doping Organisation whose Registered Testing Pool, the Player was in as of the date of the third Whereabouts Failure. If the Player was in both World Rugby’s Registered Testing Pool and a national Registered Testing Pool as of that date, the Responsible Anti- Doping Organisation for these purposes shall be World Rugby. (b) Where the Responsible Anti-Doping Organisation fails to bring proceedings against a Player under Regulation 21.2.4 (Whereabouts Failures) within 30 days of WADA receiving notice of that Player’s third alleged Whereabouts Failure in any 12-month period, then it shall be deemed that the responsible Anti-Doping Organisation has Last update: 14 January, 2015 347
World Rugby Handbook
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