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"Wearables present new realm of legal risks for teams" by Elizabeth E. McGinn, Jonathan D. Jerison, and John B. Williams, III (Sports Business Journal)

Sports Business Journal

Elizabeth E. McGinn, Jonathan D. Jerison, John B. Williams, III

Reaching peak athletic performance is an increasingly scientific and quantitative pursuit, and professional sports franchises, which have tremendous financial and emotional motivation to be the best, are at the forefront in gathering as much data about their assets as possible. FitBits, Apple Watches, and more specialized wearable devices are becoming indispensable as athletes and teams recognize the potential offered by biometric data to optimize player performance and avoid injury.

Not all franchises have considered the full legal ramifications of this data collection. While most recognize that the information collected could constitute “protected health information” under the Health Insurance Portability and Accountability Act (HIPAA), with its attendant privacy and security obligations, fewer appreciate the potential risk of the Fair Credit Reporting Act (FCRA).

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Originally published in Sports Business Journal; reprinted with permission.

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