1-Hour Program

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Overview

The collection and use of biometric data of professional athletes has become ubiquitous in professional sports.  Biometric data is collected through uniforms made of smart fabrics, equipment containing sensors and trackers (e.g. RFID), and fitness devices and rings worn by athletes during games, practices, and training and in some cases, during non-work time.  The biometric data collected by these devices provides private, health related information about athletes that wouldn’t otherwise be known to teams, sports leagues, and gambling-operator oddsmakers.  The collection and use of this data raise privacy, security, and labor and employment law issues with significant financial ramifications. In addition, battles loom over league, team and player data being sold to 3rd party bookmakers/gambling operators in the evolving U.S. sports betting landscape.

Our speakers will discuss:

  • What is biometric data? (5 minutes)
  • How is it collected in professional and collegiate sports, and who has access to it? (5 minutes)
  • Who owns the data and what role do biometric data laws play in that analysis? (10 minutes)
  • Do Collective Bargaining Agreements (CBAs) address biometric data and, if they do, are those provisions adequate? (10 minutes)
  • Can biometric data be used for disciplinary purposes, as the basis for allegations of contract violations, or as leverage in contract negotiations? (10 minutes)
  • Who determines if the devices that collect biometric data are sufficiently reliable? (10 minutes)
  • Should oddsmakers and sports betting companies be permitted to purchase and use athletes’ biometric data? (10 minutes)

 

Faculty:

Michael Clohisy

ELIAS Americas LLC

 

Gail Gottehrer

Law Office of Gail Gottehrer LLC

Credit Details

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