“They play for us, not for the odds,
They’re not just names for betting gods,
If you want stats, you best be fair —
Cos we stand with the players, everywhere!”
Could this become a popular chant in football stadiums? It could, if a group of football players get their way.
In the era of data-driven sports and digital fan engagement, betting and gaming companies increasingly rely on detailed player data to power their platforms.
From setting betting odds to fuelling fantasy leagues and live-match experiences, this data is central to the user experience. The data ranges from average goals-per-game for an outfield player to height, weight and passes during a game. Some of this data may be sold to the companies by clubs whilst other data may be collected by using public sources or by attending matches.
Back in 2021, Ibrahim Hasan was interviewed by BBC Radio 4 when football players were threatening legal action against companies for the trade in their personal data. The players, led by former Cardiff City manager Russell Slade, sought compensation for the trading of their performance data over the past six years by various companies as well as an annual fee for any future use. We were sceptical, at the time, about legal basis of any potential claim and its likelihood of success (blog post here).
The GDPR does give players rights over their personal data which allow them to exercise some element of control including the right to see what data is held about them, to object to its processing and to ask for it to be deleted. Last month, Computer Weekly reported that the Global Sports Data and Technology Group, of which Russell Slade is a director, has submitted objection requests, on behalf of the players they represent, to gaming, betting and data-processing companies over the use of their data. They are citing ethical concerns with how the data distribution can affect the players’ career prospects.
Article 21 of the UK GDPR states:
“The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions.”
Clearly one of the legal basis upon which betting and gaming companies process players’ personal data is legitimate interests (Article 6(1)(f)) of the UK GDPR, and so Article 21 is engaged. However, the second paragraph of Article 21 provides a reason for the companies to refuse the objection requests:
“The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.”
What could be “compelling legitimate grounds for the processing”? The companies might argue that their use of player data contributes to a larger economic ecosystem that ultimately benefits all stakeholders in football, including the players themselves. Their case could rest on the idea that engaging fans through betting and interactive gaming drives up interest in football. Increased viewership, in turn, boosts broadcasting revenues, club sponsorship deals, and the market value of football competitions; benefits that indirectly lead to higher wages and endorsement deals for the players. By providing platforms that stimulate engagement, betting companies help sustain and expand the financial health of the sport, from which players also profit.
Let’s see where this goes. If court action follows, not only will the result have a big impact on the sports data industry but it could also lead to data protection themed chants on the terraces!
This and other GDPR developments will be discussed in detail on our upcoming GDPR Update workshop. We have a few places left on our next
GDPR Practitioner Certificate course starting on 29th May.
