AI for Sport in the EU Legal Framework

Abstract

Artificial intelligence systems are used for a variety of reasons in sport. However, little has been explored about the legal challenges that can be directly linked to the use of AI systems in sports. This phenomenon must be framed within a legal framework in great turmoil, which has led national and supranational institutions to review privacy legislation in recent years and to attempt the first regulatory approaches in the field of AI. In particular, the EU is intervening heavily in these areas: the approval of the GDPR, which came into force in 2018, completely reformed the regulations on the protection of personal data; much more recently, in 2021, the European Commission published a proposal for a Regulation on AI (hereinafter, AI Act). Legal reflection on these issues is still in progress, but it is in an even more embryonic phase if we think about the impact of AI on the sporting phenomenon. In this context, we need to ask ourselves whether the current regulatory framework will hold up against the increasingly widespread and disparate uses of AI systems in the field of sport. In particular, compliance with the principles established by the GDPR must be assessed during all phases of the AI system's lifecycle. In this regard, there are problems relating to the accuracy of the data, the prevention and rectification of potential bias, the consent of the interested party, the principle of data minimization with respect to the purpose of the data processing, profiling and automated decision-making (Article 22). On the other hand, the uses of AI in the field of sport must be correctly framed in the regulatory framework proposed by the AI Act, with which the Commission has opted for a risk-based classification of AI systems (high, low and minimum), providing for different regimes of obligations and rights for the AI actors. The research aims to improve the advancement of knowledge for institutions, companies, associations, athletes and operators in the world of sport. In the European context, they are increasingly confronted with the use of AI systems which, on the one hand, have undoubted advantages for the improvement of sports performance, but on the other hand risk jeopardizing potential breaches of the fundamental rights of the people involved. The conclusions of the paper will try to trace the correct balance, from a juridical point of view, between the different needs and rights at stake, highlighting the strengths and criticalities of the current European regulatory framework, already in force or still in progress.