The rights of athletes
Legal framework governing wearable data collection
Generally, there are different sets of laws that may come into play in relation to the collection of athletes' data using wearable devices. In the UK, the legal framework governing the collection of wearable usage data is mainly the Data Protection Act 2018 (DPA 2018), which is the country's implementation of the EU General Data Protection Regulation (GDPR). 12 The DPA 2018 and the GDPR both set out the necessary guiding principles for the processing of personal data, including health data. 13 According to the DPA 2018, the processing of personal data through wearable devices must involve explicit consent of the user, which must be freely given, specific, informed, and unambiguous. 14 The user must also be provided with clear information about how their data will be used, and it is imperative that they are able to withdraw their consent at any time. The DPA 2018 further provides that personal data is processed in a manner that ensures appropriate security, the minimization of data, and the limitation of the purpose for which the data is intended. In addition to the DPA 2018 and the GDPR, other pieces of legislation and codes of practice apply to the use of wearable usage data, such as the Equality Act 2010 , the Digital Economy Act 2017 , the Re-use of Public Sector Information Regulations 2015 , the Copyright and Rights in Databases Regulations 1997 , the Intellectual Property Act 2014 , the Freedom of Information Act 2000 and the Protection of Freedoms Act 2012 . 15 All these laws and codes may impose other restrictions and obligations on the processing of wearable usage data, but the applicability of the laws will depend on the purpose of the data and sector.
Wearable data collection and implications for athlete's legal rights
As wearable data collection is a new and rapidly evolving area, the legal framework to govern the rights of users of such devices is not yet extensively developed. As noted above, the UK's DPA 2018 and the GDPR are the two laws mainly responsible for protecting athletes' legal rights regarding data collection by wearable devices. There are, however, many other legal institutions that come into play depending on the nature of the violation. The adoption of such technologies in professional sports is rapid, raising questions regarding the legal rights of individual athletes. In the United States, for instance, professional sports leagues have rapidly started implementing wearable analytics technology, using approaches such as chips placed into players' shoulder pads to track and report on various metrics as they play. 16 In the National Law
12 Data protection: The Data Protection Act - GOV.UK. (n.d.). Retrieved September 1, 2023,from https://www.gov.uk/data-protection.
13 Ibid. 14 Ibid.
15 Central Digital & Data Office. (2020). Data Ethics Framework: legislation and codes of practice for use of data. https://www.gov.uk/government/publications/data-ethics-framework/data-ethics-framework-legislation-and- codes-of-practice-for-use-of-data. 16 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.
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