Stats Entertainment: The Legal and Regulatory Issues Arising from the Data Analytics Movement in Association Football. Part Two: Data Privacy, the Broader Legal Context, and Conclusions of the Legal Aspects of Data Analytics in Football

Abstract

Data analytics has become a critical part of professional football.  It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question.  Focussing on the position in English law, this two-part article first considers whether the data produced in football is capable of ownership, whether in its raw format or after manipulation.  Next, the position in respect of data protection law (including FIFA’s Data Protection Regulations) is considered.  Finally, some broader legal issues are considered, including competition law and the regulation of artificial intelligence.Part One of this article set out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws and non-IP protections.Part Two considers the position in respect of data protection law (including FIFA's Data Protection Regulations).  Finally some broader legal issues are considered, including competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in may circumstances.  However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.