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6 Ariz. St. U. Sports & Ent. L.J. 7 (2016-2017)
The Sports Industry's New Power Play: Athlete Biometric Data Domination. Who Owns It and What May Be Done with It

handle is hein.journals/selj6 and id is 7 raw text is: SPORTS & ENTERTAINMENT LAW JOURNAL ARIZONA STATE UNIVERSITY VOLUME 6 FALL 2016 ISSUE 1 THE SPORTS INDUSTRY'S NEW POWER PLAY: ATHLETE BIOMETRIC DATA DOMINATION. WHO OWNS IT AND WHAT MAY BE DONE WITH IT? KRISTY GALE ABSTRACT Professional sports leagues and teams utilize wearable technology to collect player tracking data, including athlete biometric data (ABD). This information is used to improve athlete performance, reduce injury and improve game play. Already player tracking data and ABD is making its way into peripheral offerings, such as enhanced fan content. In the future, ABD is set to be a critical component of content used for virtual and augmented reality, fantasy sports, sports wagering, and genetic predetermination of athleticism. ABD is comprised of inherent characteristics that may make ABD protectable in the form of publicity rights, intellectual property, and Health Information. Because of this unique characterization and the sensitive nature of biometric information, ABD should be considered distinct from other categories of sports information, statistics, or sports data, and be afforded greater protection under privacy and property laws. This is particularly relevant as ABD is increasingly commodified, monetized, and exploited using new technologies. Part I in this series surveyed the collection, use, and dissemination of ABD in light of emerging technology.' It * Attorney specializing in sports technology law and President of HYPERGOLIC LLC, a provider of loT business and compliance solutions. 1 See Kristy Gale, Evolving Sports Technology Makes its Mark on the Internet of Things: Legal Implications and Solutions for Collecting, Utilizing, and Disseminating Athlete Biometric Data Collected Via Wearable Technology, 5 ARIZ. ST. SPORTS & ENT. L.J. 337 (2016).

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