banner

The Legal Case

The case, at its core is based on the unauthorised use of the athlete’s data by companies for commercial gain. There is a strong case that players’ personal data is not being processed lawfully, transparently or fairly by the target defendants identified by LDC. In our view these commercial entities are using the players’ data unlawfully and their processing of the players’ data is not for specified and explicit purposes. As to the lawful basis for processing:

  • If that basis is consent, the consent must be "freely given, specific, informed and unambiguous", and here it is not. Furthermore, the players might withdraw their consent at any time unless appropriately compensated for the use of their data.
  • If that basis is the prospective defendants' legitimate interests, the commercial uses of a player's personal data is difficult to reconcile with those parties' purported legitimate interests. There appears to be no evidence of any legitimate interest assessment having been completed or of any prospective defendant having properly communicated to players what legitimate basis permits their personal data to also be processed by third parties.

On this basis there appears to be considerable scope for the athletes to

  • Object to the unlawful processing of their data, and thereafter to require such processing to be restricted or terminated (i.e. for the data to be erased)
  • Sue for compensation for the varied and persistent infringements of the data protection.
  • Legislation dating back over a number of years (limited in practice by the duration of most players! careers, or by the six year limitation period)
Read More Read More
Newsletter

Subscribe for Newsletter