How Gambling Interest in Player Biometric Data Could Disrupt Sports Privacy Laws
By Simon Sisk; Photo Credit: David Zalubowski/AP
The recent growth of athletes’ use of real-time biometric data has come with an array of legal questions, largely centering on privacy rights.[1] But how do these privacy rights square with the recent surge in sports betting? Could we soon be informing our bets not only on game statistics but also on real-time data such as heart rate, stress, and fatigue?
In recent years, biometric player data has been increasingly recorded and analyzed by professional and collegiate sports teams as technologies have improved and as sports leagues have begun to allow their use.[2] For example, in 2017 the MLB made the decision to approve players’ use of continuous biometric monitors.[3] One popular biometric device, which had previously caused controversy in the NBA, is WHOOP, a wrist monitor that measures heart rate, sleep, recovery, and strain, among other things.[4] It is clear biometric data has immense potential, both to understanding athlete response to various biometric indicators and to predicting and optimizing athlete performance.[5]
At the same time, sports gambling not only has never been more popular, but it continues to grow.[6] The 2018 landmark case Murphy v. NCAA legalized sports betting federally in the United States, which opened up legal sports betting markets for millions.[7] Since then, annual sports betting revenue continues to set new records, reaching $71.92 billion in 2024.[8] In line with this trend is increased partnership between broadcasting networks and sportsbooks, with live gambling odds and commentary surrounding betting on many sports broadcasts today.[9] It is not surprising that these broadcasts have been shown to attract sports gamblers, as gamblers as a whole continue to look for ways to make more informed betting choices.[10]
As sports gambling interest grows, so does the pressure on teams and leagues from sportsbooks, broadcast networks, and sports gamblers to sell real-time player biometric data.[11] Sports gamblers want the most information possible, and when broadcasters provide that, gamblers watch.[12] Sportsbooks have a similar interest in biometric data as much of their success has to do with the informational advantage they hold.[13] One broadcast example came in 2021 when Ryder Cup golf fans watched the live heart rates of players as they approached the first tee box.[14] It isn’t difficult to see how sports gamblers and sportsbooks would like similar information in other contexts, such as heart rates of pitchers warming up in the bullpen, fatigue levels of basketball players as the game progresses, or stress levels of a quarterback when the game is on the line.
Biometric data and privacy rights is a developing legal landscape.[15] The NCAA has no policy regarding the sale of biometric data that is not otherwise available to the public.[16] Likewise, there is no federal standard, and the states are not uniform in their approach.[17] Some states have passed laws specifically regulating biometric data collection[18] such as Illinois’ Biometric Information Privacy Act requiring informed written consent prior to sale of biometric data.[19] Other states have categorized biometric data as sensitive personal information, working it into their existing privacy laws, while others have taken no additional action at all.[20] With no federal standard on point and a disjunct litigation landscape, it remains unclear what college and professional athletes should expect regarding the potential sale of their biometric data.[21]
It will be interesting to see how the competing interests of privacy rights and desire for information unfold in this context. It may be possible that teams or leagues could attempt to bypass privacy laws by selling anonymous real-time player biometric data, such as averaged data of a full team, to broadcasting companies and sportsbooks. It is also possible that sportsbooks may attempt to take advantage of the lack of a federal standard for privacy rights surrounding biometric data. Regardless, this intersection creates a space ripe for litigation and legislation.
Simon Sisk is a 2L at Vanderbilt Law School. He graduated from the University of Michigan in 2023 with a major in molecular biology and a minor in economics, and he plans to pursue a career in intellectual property litigation.
[1] See Sports Lawyers Association, Profiting from Student-Athletes’ Biometric Data and the Legal Landscape, SLABlog, https://blog.sportslaw.org/posts/profiting-from-student-athletes-biometric-data-and-the-legal-landscape/ (last visited Feb. 23, 2025).
[2] Ian Lawrie, Navigating the Regulatory Tightrope with Biometric data in Sports, Fanteractive (Apr. 29, 2024), https://www.fanteractive.com/arcticle/navigating-the-regulatory-tightrope-with-biometric-data-in-sports.
[3] Darren Rovell, MLB Approves Device To Measure Biometrics of Players, ESPN (Mar. 6, 2017), https://www.espn.com/mlb/story/_/id/18835843/mlb-approves-field-biometric-monitoring-device.
[4] Id.
[5] Pankaj Malik, Biometric Data Analysis in Athlete Monitoring: Advancements, Applications, and Implications, 10 Int’l. J. Innovative Rsch. Tech. 2882, 2883 (2024).
[6] AGA Commercial Gaming Revenue Tracker, Am. Gaming Ass’n. (Feb. 19, 2025), https://www.americangaming.org/resources/aga-commercial-gaming-revenue-tracker/.
[7] Dickinson Wright, In Sports Wagering, Information is Everything!, JDSupra (Nov. 6, 2018), https://www.jdsupra.com/legalnews/in-sports-wagering-information-is-67304/.
[8] AGA, supra note 6.
[9] TakingVegas Staff Writer, Sports Betting: The New King of Sports Broadcasting, TakingVegas (Nov. 21, 2024), https://takingvegas.com/sports-betting-the-new-king-of-sports-broadcasting/.
[10] See id.
[11] See id.
[12] See id.
[13] See Dickinson Wright, supra note 7.
[14] James Colgan, New tech Shows Exactly How Nervous Ryder Cuppers Get on the First Tee, GOLF (Sep. 24, 2021), https://golf.com/instruction/fitness/new-tech-shows-nervous-ryder-cuppers-first-tee/.
[15] See Sports Lawyers Association, supra note 1.
[16] Id.
[17] Id.
[18] Id.
[19] See IL ST CH 740 § 14.
[20] Id.
[21] Id.