Transgender Athletes: the Balance between Personal Data Protection and the Fair Competition Principle

The right to participate in sports competitions by transgender athletes does not seem more in question, even if this is a right only recently established. DSD (Disorder of Sexual Development), having a genetic nature, are more widespread than perceived (about one person affected every 2500 births). To these, we have to add all individuals, whose sexual identification gives rise from psychological reasons. Given that, it is obvious how the question is much more important (in numerical terms) of what is currently emerging. We want to focus on the hard balance between personal data protection and the fair competition principle, after the entry into force of the EU General Data Protection Regulation, on 25 May 2018. According to GDPR rules, there is the prohibition to process data, concerning health or sex life. Thus, data regarding sexual identity and / or any changes in gender-related sex fall under a special protection. From a sports law point of view, IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism (November 2015) reformed previous Stockholm consensus on sex reassignment in sports (1973). According to it, the completion of surgical anatomical changes are not more condition sine qua non, being sufficient the declaration of the gender by athletes. Recalling how the athletes have to compete according the fair competition principle, we wonder if European regulation collides with the respect of this principle. How can we balance them? How can we solve this conflict, under the GDPR rules, coordinated with sports legal systems’ norms