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SMU Science and Technology Law Review

Abstract

Athletes and teams are always seeking to gain a competitive edge, and the emergence of wearable technology has provided them with biometric data that provides new insights into performance. The market for wearable technology has been growing at a rapid pace in recent years and is projected to continue on an upward trajectory through the end of the decade. Governing bodies of sport at a professional and amateur level have adapted regulations for the use of this new technology and the data it produces. This article provides an overview of these current regulations, and then discusses three pressing legal issues. First, the implications of state and federal data privacy laws on wearable technology and concerns over data breaches are addressed. Next, biometric data’s impact on the recently legalized sports betting market is discussed. The article concludes with an analysis of who owns the biometric data produced by wearable technology, and the importance of why athletes, not teams or leagues, should own it.

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Digital Object Identifier (DOI)

https://doi.org/10.25172/smustlr.27.1.9