How does collecting wearable usage data impact an elite athlete's legal rights?
Adam Hydari
Introduction
There has been a visible evolution and expansion of wearable technology, along with their growing use for data collection in the field of sports. Wearable technology can generally be described as a technology that facilitates the collection and analysis of data from sensors embedded in clothing, accessories, or devices worn by athletes. 1 The advent of wearable technology implies that analysis can be conducted to gain valuable insights into the performance, health, and well-being of athletes, in addition to assessing potential risks and identifying areas where improvements can be made. 2 However, there remain various obstacles that may be associated with data collection using wearable devices, such as concerns regarding privacy safeguarding, as the data collected could be manipulated to reveal sensitive personal information. 3 There is also the risk of the data being accessed, shared, and used by third parties without the consent or knowledge of the athletes. This brings forth the question of what legal ramifications and boundaries are or should. be instituted to protect athletes. This essay aims to evaluate the use of wearable analytics technology by athletes and its legal implications in relation to athletes' rights.
The development of wearable data collection technology
The Internet of Things (IoT) technology has rapidly progressed and is now applied in nearly all aspects of human life. It is projected that by 2035, the world will be home to a trillion connected computers, which will be integrated into everything: clothes, food packaging, and bridges. 4 One of the ways through which IoT devices have intertwined their way into human lives is through wearable devices, including fitness
1 Hutchinson, S., Mirza, M. M., West, N., Karabiyik, U., Rogers, M. K., Mukherjee, T., ... & Pettus-Davis, C. (2022). Investigating Wearable Fitness Applications: Data Privacy and Digital Forensics Analysis on Android. Applied Sciences , 12 (19), 9747 2 National Law Review (2019). Privacy Concerns With Wearable Technology in Sports. https://www.natlawreview.com/article/wearable-technology-booms-sports-and-athletic-organizations-all-levels- face-privacy.html. 3 Brodies LLP (2018). Sports technology and the GDPR: data privacy concerns in sports analysis. https://brodies.com/insights/media-broadcasting-and-sports/sports-technology-and-the-gdpr-data-privacy- concerns-in-sports-analysis/.html. 4 Wladawsky-Berger, I. (2020). The Internet of Things Is Changing the World. https://www.wsj.com/articles/the- internet-of-things-is-changing-the-world-01578689806.html.
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