GUARDING THE GAME: BUILDING A DEFENSIVE LINE BETWEEN ATHLETES' BIOMETRIC DATA AND GAMBLING INTERESTS

Authors

• Caroline Hébert

Document Type

Comment

Abstract

This comment examines the intersection of wearable technology, professional sports, and the burgeoning sports betting industry. Focusing primarily on the National Football League (NFL), the author explores how biometric markers such as heart rate, stress levels, and fatigue—originally intended for player health and performance—are increasingly targeted for commercialization in the gambling market. The comment provides a critical analysis of the current legal landscape, noting that existing frameworks like HIPAA and GINA, as well as current Collective Bargaining Agreements (CBAs), offer insufficient protections for athletes' sensitive personal data. Hébert identifies key points of exploitation by third-party vendors and highlights the conflicting property interests between leagues, players' associations, and individual athletes. Ultimately, the paper advocates for a comprehensive federal regime and restructured CBAs that clearly define biometric data, establish minimum security standards, and ensure athletes retain ownership and receive fair compensation for the use of their information.

First Page

43

Last Page

78

Recommended Citation

Caroline Hébert, GUARDING THE GAME: BUILDING A DEFENSIVE LINE BETWEEN ATHLETES' BIOMETRIC DATA AND GAMBLING INTERESTS, 19 J. Bus. Entrepreneurship & L. 43 (2026)
Available at: https://digitalcommons.pepperdine.edu/jbel/vol19/iss1/2