Sports Teams Must Stay Within Bounds on Privacy: Orrick
“Sports teams must navigate a complex network of privacy laws that govern athlete health data," Orrick attorneys blogged Wednesday.
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Athletes’ health data may be subject to “heightened protection under the Health Insurance Portability and Accountability Act (HIPAA) and state laws,” the lawyers cautioned. That said, health data often is released to a team with a player’s consent through a HIPAA authorization, “allowing the team to treat such data as part of the player’s employment record,” they noted.
Increased collection of biometric data adds to sports teams’ risk. “From heart rate monitors to biometric gloves that measure blood oxygen levels, teams are using increasingly sophisticated tools to measure biometric information, analyze performance, and monitor athlete health,” the lawyers wrote. “Simultaneously, state regulators are increasingly concerned about biometric data privacy, and state laws that grant private rights of action present significant risk for this type of sensitive information.”
Meanwhile, sports venues must consider whether they have adequate signs and other disclosures related to their increasing use of facial recognition, fingerprint scanning and AI used for speeding entry and protecting safety, the lawyers said.