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5 Ariz. St. U. Sports & Ent. L.J. 381 (2015-2016)
Biometric Data and the Gionfriddo Standard

handle is hein.journals/selj5 and id is 381 raw text is: SPORTS & ENTERTAINMENT LAW JOURNAL ARIZONA STATE UNIVERSITY VOLUME 5 SPRING 2016 ISSUE 2 COMMENT: BIOMETRIC DATA AND THE GIONFRIDDO STANDARD MIRANDA STARK TABLE OF CONTENTS INTRODUCTION ....................................................................... 381 I. GIONFRIDDO V. MAJOR LEAGUE BASEBALL: CASE SUM M ARY................................................................................ 381 II. APPLYING THE GIONFRIDDO STANDARD TO ABD..........384 C ONCLUSION ........................................................................... 387 INTRODUCTION The dissemination of athletes' biometric data may be a parallel issue to the use of players' statistics by Major League Baseball. In Gionfriddo v. Major League Baseball, the California Court of Appeals found that the publishing of sports statistics by Major League Baseball did not violate players' rights of publicity. However, Athletic Biometric Data (ABD), which is gathered from athletes and potentially made available to the public, possibly goes too far. Providing players' private data to the public could violate players' rights of publicity. I. GIONFRIDDO V. MAJOR LEAGUE BASEBALL: CASE SUMMARY In December 2001, the California Court of Appeals decided Gionfriddo v. Major League Baseball. In this case, the plaintiffs-former professional baseball players-filed a suit against Major League Baseball (MLB). The plaintiffs claimed that including the players' names and statistics in programs and websites was unauthorized and violated their rights of publicity.I The superior court granted MLB's motion for summary * J.D. Candidate 2017, Sandra Day O'Connor College of Law at Arizona State University. 1 Gionfriddo v. MLB, 114 Cal. Rptr. 2d 307, 309 (Cal. App. 2001).

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