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Athletes at the Center: Unlocking the Future of Data Rights in Sports

  • Writer: Dave Moggio
    Dave Moggio
  • Sep 3
  • 4 min read

Updated: Sep 4


Athlete data rights are no longer niche—they’re foundational.
Athlete data rights are no longer niche—they’re foundational.

Introduction


The sports industry is undergoing a profound transformation. With every sprint, jump, and heartbeat captured by biometric sensors, AI tools, and performance platforms, athletes now generate data of enormous commercial and strategic value. Yet the critical question remains: Who owns it—and who profits from it?

In the age of NIL, digital licensing, and wearable tech, athlete data rights are emerging as a core issue of equity and empowerment. Ownership of performance, biometric, and likeness data isn’t just about privacy—it’s about long-term control, monetization, and legacy.


Why Athlete Data Rights Matter Now


  • Biometric and performance data is deeply personal. It can shape contracts, determine playing time, or impact medical decisions. Without control, athletes risk misrepresentation or exploitation.

  • Commercial ecosystems are built on athlete data. Teams, platforms, and sponsors monetize it—but too often, athletes don’t share in that value.

  • Regulations are tightening. As AI tools and betting platforms use real-time data, lawmakers and athletes alike should be pushing for more robust consent, compliance, and transparency.

  • The balance of power is shifting. With NIL and now revenue-sharing, college athletes are becoming business operators—not just performers. And where anyone can become Insta-famous, publicity rights belong to many, including professional athletes.


The Legal Landscape Today


1. Biometric & Health Data Regulation

From heart rate monitors to GPS tracking and sleep analytics, teams collect highly sensitive data. These often fall under medical privacy laws, including HIPAA in some contexts. Additionally, biometric-specific regulations—like Illinois’ BIPA—grant athletes private rights of action if data is used without consent.

As wearable technology expands, so do the legal obligations for teams, leagues, and vendors. Consent, retention policies, and lawful use are no longer optional—they’re business-critical.


2. AI, Privacy & Publicity Rights Intersections

AI-enabled scouting and performance analysis platforms now process video footage, biometric trends, and even behavioral insights to model future outcomes. This creates crossover risk between publicity rights, privacy law, and data ethics.

The key principle? Athletes must be able to opt-in (or out), understand what’s being collected, and participate in any monetization involving their digital likeness or biometric profile.


3. The Evolving NIL Framework (Post-House Settlement)

With the NCAA’s landmark House v. NCAA settlement finalized in August 2025, collegiate sports has entered a new era. Starting in 2026–27, schools will begin directly compensating athletes through revenue-sharing models—a historic shift in how amateurism is defined and enforced. This is in addition to the NIL compensation they are entitled to receive from their publicity rights.

This transition means NIL platforms, compliance systems, and athlete-representation models must adapt. Real-time data tracking, disclosure management, and equitable licensing infrastructure will be key to ensuring fair outcomes as schools become direct participants in the athlete economy.


What This Means for Stakeholders


For Athletes

  • Own your data. Understand what’s being collected, how it’s used, who profits, and what you should do to manage and receive compensation for it.

  • Leverage platforms. Use tools like HonorDRM to manage and monetize your athlete data -  biometric, biomechanical, tracking, performance, health and more - in addition to gaining insights into your own performance.

  • Work with counsel. Data, privacy, intellectual property, and NIL rights are complex—athletes need experts in their corner.


For Teams, Leagues & Developers

  • Get proactive about consent. Athletes must know when and why data is collected - every time.

  • Design for transparency & compliance with evolving laws. Privacy-by-design platforms like HonorDRM earn trust and protect brand equity. New data uses and AI increase the need for robust functions to manage athlete data. Utilize platforms to manage data rights. Stay informed of laws impacting athlete data to reduce the loss of revenue, reputation, and relationships with athletes, fans, and brands.

  • Rethink monetization. Revenue-sharing includes more than cash—it includes athlete data-derived products and content.


 For Brands

  • Ensure you have the right to use athlete data. Contracts for NIL and publicity rights must include rights for athlete data. HonorDRM is a trusted advisor and source in this space to ensure you receive what you need to do business.

  • Leverage athlete data in new ways to engage fans. Today’s fans want to be participants with the players in the game, not just spectators. Fan engagement is immersive and athlete data is used in storytelling and product offerings to create the most immersive experience ever.


For Regulators & Policymakers

  • Understand national and state-level NIL standards. The House settlement may guide schools, but policy must clarify expectations for universities, their administrative organizations, and athletic conferences, as well as athletes and brands.

  • Modernize privacy laws. Athlete data must be treated with the same respect as health or financial records, especially as tech evolves.


Conclusion


Athlete data rights are no longer niche—they’re foundational. The next generation of athletes won’t just sign endorsement deals or post on social media. They'll license athlete data for fan engagement, protect their digital likeness, and demand compensation for the data they generate.


Whether you’re building platforms, signing athletes, or regulating the space—those who leverage and manage athlete data rights now will lead the future of sports.


Ready to future-proof your athlete data strategy?


Whether you're an athlete, brand, university, or developer—HonorDRM helps you manage, protect, and monetize athlete data in real time.


Visit HonorDRM.com or message us to see how we can help you stay compliant, competitive, and athlete-first.



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