Professional Athletes and Wearables

    I haven’t thought about the privacy issues surrounding professional athletes and wearables.

    Wearables present serious privacy issues for “Average Joe” consumers, who are entrusting tech companies to safely store and protect their biometric data. Imagine the stakes for a professional athlete, whose entire livelihood could be affected by a single biometric data point. To give one of many realistic hypotheticals: a basketball player has a terrible game, and the coach wonders if they showed up to the gym hungover. The coach has access to the player’s wearable data, and checks to see when they went to sleep, as well as what their heart rate looked like during the night. Should the player have been out partying before a game? No. Should the coach be able to surveil them? Definitely not.

    It will not surprise you to learn that there’s an emergent gambling angle here: sports leagues would love to commercialize players’ biometric data, and sharp bettors would love access to data about, say, a hungover player. “We’re going to get to a spot where people are betting not just on the velocity of the puck that was shot by a player in the NHL playoffs, but on what the heart rate of a certain player is going to be running down the field,” said Helen “Nellie” Drew, the director of the University of Buffalo’s Center for the Advancement of Sport, and a professor of practice in sports law.

    There are other practical considerations, too. What if wearable data reveals that a player isn’t as speedy as they were before, and a team uses that data against the player during contract negotiations? What if a wearable reveals a player is favoring their leg, or is at greater risk of injury? This information is potentially beneficial to a training staff and an athlete, so long as it’s disclosed and used in a responsible manner—­a critical, mostly unresolved caveat. “Aging and injured players are the most at-risk” of wearable data being used against them, said Michael LeRoy, who researches sports labor laws and AI, and is a professor at the University of Illinois’s School of Labor and Employment Relations.

    The bit about gamblers is particularly scary.

    I have often said that surveillance tech is generally deployed first against people with diminished rights: children, prisoners, military personnel, the mentally impaired. This is another early use case with different dynamics. The surveilled are wealthy and powerful, and—in many cases—unionized.