Athlete Data On and Off the Field
Professional sport is ‘at the absolute frontier of human monitoring’, with athletes being constantly monitored both on and off the field. The advancement in technology has led to unprecedented insights into players, ranging from their performance statistics to sensitive information relating to their physical and mental health. This microblog examines the current regulatory framework and discourse surrounding the ethical collection and use of athlete data.
From distance covered and average speed on the field, to heart rate, nutrition, sleep, and menstrual cycle monitoring off the field, athletes today are subjected to round-the-clock surveillance. While data offers unprecedented insights for performance enhancement, training optimisation, injury prevention and management, and broadcasting and commentary, ethical concerns arise regarding the extensive collection and use of athletes’ private information.
In Australia, the collection, use and disclosure of athletes’ ‘personal information’ and ‘sensitive information’ by sporting bodies such as leagues, clubs, and associations is regulated by the Privacy Act 1988 (Cth). Most relevantly, these entities must not be in breach of the Australian Privacy Principles contained in Schedule 1 of the Act. However, these entities often fall short of their legislative obligations. For example, consent to data collection is frequently obtained through generic terms buried within the player contract, with the scope of the consent often unclear and poorly defined. Recently, data rights have been a subject of focus in collective bargaining agreement negotiations. For example, as part of the AFL and AFLW Collective Margaining Agreement (2023-2027), parties agreed to conduct a Data Governance Review in within six months of the agreement in order to review of all relevant parties’ compliance with privacy laws.
Looking ahead, athlete data is likely to continue to attract interest from various stakeholders including clubs, competitors, broadcasters, and betting agencies. While data-driven insights offer immense value, developments in governance and regulatory frameworks may be necessary to prevent the potential exploitation of athletes, particularly in regards to transparency over what data is collected, whether their collection is ‘reasonably necessary’, and how the data is safely stored. Moreover, the sheer volume of data collected raises broader questions about the privacy rights and human rights of athletes, but also has broader implications for what society accepts and normalises in terms of workplace and public monitoring, and the use and collection of personal information.
If you are interested in learning more about this topic, please see Australian Academy of Science’s discussion paper ‘Getting Ahead of the Game: Athlete Data in Professional Sport.