Tennis Players Raise Privacy Concerns Over ATP’s New Wearable Policy

On 27 June 2024, the ATP announced its approval for in-competition wearables from Catapult and STATSports to be used in ATP Tour and Challenger level matches starting July 15. These devices will collect data for the ATP’s Tennis IQ performance analytics program. However, this decision has faced criticism from players, notably from the Professional Tennis Players Association (PTPA), co-founded by Novak Djokovic and Vasek Pospisil.

Context

The PTPA, established in 2019, aims to represent the interests of top ATP and WTA players. The organization frequently addresses issues restricting player autonomy. The ATP’s new policy has raised significant concerns among players regarding data privacy and control.

Key Concerns

Vasek Pospisil voiced his concerns on X (formerly Twitter), posing three critical questions:

1. Why can’t players use their own devices and keep data private?
2. Why must data be centralized in Tennis IQ, especially if players are considered “independent contractors”?
3. What benefits will players receive if their data is monetized, considering its potential value?

Pospisil labeled the policy a ‘red flag,’ emphasizing the potential loss of control over personal performance insights. He also questioned the possible connection to the ATP and ATP Media’s joint venture with TDI, which commercializes tennis data for betting and media.

Wider Outloook

This development underscores ongoing tensions between players and the ATP regarding control and commercialization of personal data. The use of wearables aims to enhance performance analytics, but players worry about the broader implications for data privacy as well as lack of adequate player compensation.

GDPR Considerations

Despite being a non-EU organization, the ATP very likely must comply with the GDPR under Article 3(2)(a), which applies to entities outside the EU if they provide products and services to people in the EU (which includes memberships and tournaments). The French data protection authority’s guidance on collecting performance data from athletes emphasizes that the use of such data must comply with GDPR principles, including data minimization, transparency, and lawful basis for processing.

Earlier this year the French data protection authority (CNIL) outlines specific rules for collecting data on athlete performance. Key points include:

• Identifying the data controller, joint controllers, and processors.
• Ensuring data collection has a legal basis, such as public interest.
• Limiting data collection to what is necessary for the stated purpose.
• Maintaining transparency with athletes about data usage.
• Implementing appropriate security measures to protect data.

It’s very likely that ATP falls under other data protection laws around the world (not least the ones in the United States) and will sooner or later face the consequences.

👉 Read more here.