Project Red Card: The Fight for Footballers’ Data Rights

Introduction

In recent years, the overlap between data protection law and the sports industry has become an increasingly significant issue. One of the most notable legal battles in this domain is Project Red Card, a group of claims initiated by former football manager Russell Slade, more than 850 current and former Premier League, English Football League, National League and Scottish Premier League players, and a global sports data company against gaming, betting, and data processing companies over the alleged unlawful use of players’ personal data.

The Background: Data Protection and Ownership in Football

The controversy surrounding the exploitation of personal data gained momentum after the Cambridge Analytica scandal, where it was revealed that Facebook had been harvesting and providing personal data to third parties without explicit user consent. This scandal highlighted the importance of data rights and the necessity for stringent data protection laws.

In the case of Project Red Card, the core issue revolves around the tracking and use of football players’ performance data without their consent. Currently, individuals do not technically own their data, but they do have data rights under laws like the General Data Protection Regulation (GDPR), which require organisations to obtain explicit consent before processing personal data for commercial purposes. The lawsuit argues that gaming and betting companies have been using players’ performance data, including statistics such as passing accuracy, speed, and shooting accuracy, without consent and for commercial gain.

Key Legal Issues Raised

Lack of Transparency

Players are often unaware of who collects their data, how it is processed, and who profits from it. While they may sign contracts covering image rights, their personal performance data falls outside those agreements.

Absence of Consent

Data protection law requires companies to have a lawful basis for using personal data, typically through explicit consent. Most players, however, have never been asked for permission regarding the use of their performance data.

Sensitive Data and Profiling

Some of the data collected, such as cardiovascular measurements and biometric tracking, could be classified as sensitive under GDPR, which provides stricter protections for such data. Betting and gaming companies use this data to create detailed player profiles, potentially impacting contract negotiations and player evaluations.

Employment Contracts and Power Imbalance

Under GDPR, employees cannot freely consent to data collection due to the inherent power imbalance between employers and employees. This means that even when clubs request consent, it may not be considered legally valid.

Financial Implications and Compensation

One of the primary objectives of Project Red Card is to secure financial compensation for football players whose data has been used unlawfully. Since claims can be taken back up to six years under the statute of limitations, the potential financial impact is substantial, possibly amounting to hundreds of millions of pounds.

Beyond compensation, the case could lead to regulatory changes, such as new licensing laws governing the collection and use of player data. This would create a more transparent system where players can choose whether to allow data collection and, if so, receive compensation for it.

International Comparisons: How Other Leagues Handle Data Rights

The issue of athlete data rights is not unique to the UK. Major sports leagues in the United States have taken varying approaches to handling player data:

• NBA: The NBA has a Collective Bargaining Agreement that includes specific provisions on data protection. It even imposes a $250,000 penalty on teams that use biometric data in contract negotiations.
• NFL: The league sells player data through a partnership with Zebra Technologies. However, players themselves cannot individually sell their own data, although they do receive a share of the revenue.
• MLB: Players can choose whether or not to have their data tracked and have full access to their personal data.

These examples illustrate how structured agreements can ensure fairer treatment of athletes’ data rights.

The 2022 FIFA World Cup: A Case Study

Despite the growing awareness of data privacy in sports, the 2022 FIFA World Cup in Qatar introduced new technologies that continuously collected player data. In-stadium cameras and sensors installed in footballs tracked movements from 29 different points on each player’s body. FIFA justified this system as a means to enhance the understanding of the sport, yet it reignited concerns over data privacy and the lack of clear regulations governing the use of player data.

In response to these concerns, FIFA and player unions signed a charter guaranteeing privacy protections similar to GDPR. However, there are still significant gaps in transparency, and players remain uncertain about how their data is stored and who has access to it.

The Future of Athlete Data Rights

Project Red Card aims to raise awareness about data rights in sports and establish legal precedents for fair compensation. Some potential outcomes include:

1. Increased Control for Players
2. New Licensing and Compensation Models
3. Regulatory Precedents
4. Stronger Data Protection Measures

The FIFPRO and Sports Data Labs Partnership: A New Era of Player-Controlled Data

Recognizing the growing concerns surrounding the unauthorized use of player data, FIFPRO Technologies BV, a division of the global players’ union FIFPRO, partnered with Sports Data Labs (SDL) to launch a groundbreaking technology platform. This initiative aims to provide professional footballers with control over their personal data and create opportunities for them to monetize it.

The platform functions as a secure repository where players can store and manage various types of performance data, including physiological metrics, medical records, and statistics collected through wearable devices. By granting players full visibility and control over their data, the platform ensures that they can make informed decisions about its use.

Beyond data management, this initiative introduces a consent-based revenue model, allowing athletes to selectively share their data with approved third parties for commercial purposes. This approach aligns with ongoing efforts, such as Project Red Card, to promote fair compensation for players and establish industry-wide standards for data protection.

By creating a structured ecosystem that fosters collaboration between players, clubs, leagues, and commercial partners, the FIFPRO-SDL partnership represents a significant step toward ethical data practices in professional sports.

Conclusion

The legal battle over the use of athlete data is just beginning, and Project Red Card represents a critical turning point in sports law. As the commercial value of data continues to rise, ensuring fair treatment and transparency in data collection and usage will be essential. While the sports industry has historically been slow to address these concerns, the outcome of Project Red Card could shape the future of data rights in football and beyond, setting a precedent for fair compensation and ethical data practices in professional sports.