The rights of athletes
decide whether to give their consent, as well as whether they can withdraw their consent for the use of their data in any way. 24
Another proposed legal rights issue for athletes regarding wearable technology is ownership of the data. At this moment, there is no clear answer as to who owns the data that is generated by wearable devices, as different contracts and agreements may apply between athletes and other stakeholders. For example, some sport's governing bodies may have agreements that regulate the collection and use of the data from their players. 25 However, not all sports have such agreements in place. As such, there could be uncertainty and possible disputes over who has the right to control and benefit from the data collected from wearable devices. There are, however, cases where professional athletes have attempted to claim their data. For instance, as reported by the BBC, professional footballers were threatening to sue data firms with GDPR legal action after the firms attempted to limit the rights of athletes to access or use their own data. 26
Recommendations
There are a number of ways through which athletes and other sports stakeholders can avoid the possible legal challenges arising from data collection through wearable devices. The recommendations are generated on the basis of potential challenges noted above. A key challenge noted is understanding the nature of the data collected. First, a system should be developed that correctly defines and classify the kind of data collected by wearable devices. For instance, if there is a biometric, then according to GDPR, biometric data is regarded as personal data and, therefore, it is subject to strict rules such as the need for consent, limiting the purpose, and minimizing the data. Other types of data, such as biodata, may not be considered personal and, therefore, may not be governed by strict GDPR rules. The first recommendation involves the need to establish clear policies on what kind of data is collected by wearable devices. Other considerations can include the approaches used to collect and store the data, besides making it clear who can access the data and for what purposes. When implemented, such policies should be communicated to athletes and other stakeholders in a clear and understandable way. They should also be subjected to regular reviewing and updating. Sports organizations must also take the initiative to inform athletes about their rights under the GDPR and other relevant laws.
The second issue raised in the analysis above concerns the security of the collected data. For security and protection of privacy and confidentiality, it is recommended that the data collected via wearable devices is stored and transmitted in a secure manner. Furthermore, rules should be implemented to ensure that the
24 Arkenberg, C. (2021). Why consumers — and doctors — are wary about wearable data. Deloitte Insights. Retrieved from https://www2.deloitte.com/uk/en/insights/industry/technology/wearable-technology-healthcare-data.html. 25 Ibid. 26 BBC News. (2021). Professional footballers threaten data firms with GDPR legal action. Retrieved from https://www.bbc.co.uk/news/uk-wales-58873132.
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