MLB, NHL, NBA need to fix data, health privacy issues for fans to come back - Business Insider

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Opinion | The MLB, NHL, and NBA may be coming back, but they're going to have to deal with a minefield of data and privacy issues if they want fans back in the stands. By Marcy Wilder and Craig Umbaugh of HoganLovells.

, respectively. But the COVID-19 pandemic changed all that, shutting down fan attendance for sports leagues and live music events worldwide.In some cases this fan-less experience is expected to stick around for the remainder of 2020.

The novel issue here is going to be the enhanced screening, observation and tracking of the fans themselves as a result of COVID-19. There will likely be temperature checks at gates, increased use of facial recognition technology, health questionnaires and more. As a result, as part of the reopening process these venues and organizations will need to understand the privacy and anti-discrimination regulations that govern health data. Collecting health data about employees and players is one thing, collecting health information about every fan who walks through the door is quite another.

These laws can require notice or consent before health information can be collected, restrict how health data can be used and limit the conditions under which a company can disclose it. Some of the laws give individuals the right to see what health data is being collected about them, to correct it, prohibit sales and request that it be deleted.

Think about what kind of data will be collected, how notice will be provided and whether you will obtain consent. Consider minimizing access to fan health information by engaging third party intermediaries.

 

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HoganLovells And there it is... privacy lost ... but don't worry It’s for our “safety”...

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