Quantitative Regulation: Legal Protection of Athletes Biometric Data

Employing a comprehensive approach involving literature analysis and comparative research, this study delves into the legal rationale and institutional framework governing the protection of athlete biometric data. The processing of such data reveals inherent technical deficiencies leading to risks in both data and algorithms. Moreover, the misuse or malevolent exploitation of such data poses threats to athletes' privacy, labor rights and interests, and fair competition rights and interests. In contrast to general data protection, athlete biometric data demands special consideration due to its sensitivity, commercial implications, the public and employment facets of athlete identity, the competitive and autonomous nature of the sports industry, and the evolving principles of algorithmic regulation. Recommendations include the formulation of norms focusing on disclosure obligations, optimization for minimal necessary data utilization, and the establishment of behavior norms to ensure secure protection. Emphasizing the design of data consent rights, enjoyment of data property rights, and the introduction of reasonable inference rights, this study proposes the establishment of athletes' subject rights. Additionally, the study suggests the development of regulations such as “Professional Sports Regulations,” “Sports Event Management Regulations,” and “Sports Club Regulations” to refine existing legislation, foster collective consultation mechanisms in China's sports sector, and enhance industry self-regulation. The ultimate goal is to establish a systematic legal framework for the protection of athlete biometric data.