Benefits and Concerns Abound, Regulations Lack in Collegiate Athlete Biometric Data Collection

Authors

  • Chelsea Rush University of North Carolina School of Law
  • Barbara Osborne University of North Carolina at Chapel HIll

DOI:

https://doi.org/10.18060/25479

Keywords:

athlete biometric data, athlete privacy, intercollegiate athletics, wearable devices, NCAA, Family Educational Rights and Privacy Act

Abstract

Statistical analysis has long been a staple in sports, helping teams, athletes, physicians, fans, and others understand and predict athlete performance and develop training programs. The rise of connected, wearable devices, however, has enabled the collection and analysis of unprecedented types and amounts of athlete data. Various benefits accompany this augmented data collection ability, such as the creation of robust, individualized training and recovery programs. Conversely, such substantial data collection also leads to significant concerns related to athlete privacy, misuse of data, and exploitation. While data collection is prevalent in both professional and amateur sports, this article focuses on data collection in the nuanced landscape of intercollegiate athletics. The discussion begins with an overview of the ways athlete data is collected and used, then delineates the concerns specific to intercollegiate athletics. The various existing regulatory frameworks that apply to this space are then explored to determine how, if at all, the frameworks may provide protections against the various concerns. To conclude, numerous recommendations for curing the shortcomings of these regulatory frameworks and ensuring protection of athlete interests are provided.

Author Biographies

Chelsea Rush, University of North Carolina School of Law

Chelsea Rush is a JD candidate at the University of North Carolina School of Law. She also completed her undergraduate education at the University of North Carolina at Chapel Hill, double majoring in sport administration and communication studies. Her specific interests include legal issues in sport, intellectual property, and privacy.

Barbara Osborne, University of North Carolina at Chapel HIll

Barbara Osborne, JD, is a professor of sport administration in the Department of Exercise and Sport Science, with a joint appointment at the School of Law at the University of North Carolina at Chapel Hill. Her research interests include legal issues in intercollegiate athletics, women’s issues in intercollegiate athletics, and medical safety issues in sport.

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Published

2022-02-25

Issue

Section

Original Research