Journal Publications
Media Publications 

- Claude Bernard -

“The joy of discovery is certainly the liveliest that the mind of man can ever feel”

PUBLICATIONS

Spring 2016 ASU Sports & Entertainment Law Journal: Evolving Sports Technology Makes its Mark on the Internet of Things: Legal Implications of and Solutions for Collecting, Utilizing and Disseminating Athlete Biometric Data Collected Via Wearable Technology, Part I

 

Athlete Biometric Data (ABD) will be commoditized and monetized, creating legal implications that have only begun to be considered. Policymaking and laws will evolve to address privacy and property isues presented by the sports industry's big data practices. Practical and forward-thinking solutions can be implemented now to maximize ROI for all relevant parties and minimize legal disputes.

 

Published February 2017:

Fall 2016 ASU Sports & Entertainment Law Journal:   The Sports Industry's New Power Play: Biometric Data Domination. Who Owns It and What May Be Done With It?

 

As biometrics are increasingly used in the sports industry, the existing regulatory framework, public policy, and ethical considerations must be analyzed. Examining the privacy and property rights of athletes and sports organizations is necessary. Viable solutions that allow biometric data to be optimized and simultaneously protected must be explored. Biometric data rights will be tested in court. As a result, new tests for determining privacy and property rights in athlete biometric data (ABD) should be considered. Implementation of reasonable, forward-looking social policy and laws is recommended as technology evolves. Interim solutions exist as law and policy evolve. Parties who leverage these solutions will be in a better position to optimize revenue-generation while mitigating their risks when handling ABD.

© 2019 Kristy Gale