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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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