NIL Opens Up A Whole New World For College Athletes — And Their Data

This generation of college athletes is more tech saavy than any other in history. They are used to 24-hours-a-day access from their friends, family and coaches. Perhaps their parents installed an app on their phone that geo-fenced the area they were permitted to travel in, or had a car that notified the owner when it was being driven too fast. Their teammates may be outfitted with WHOOP tracking devices while their coaches have them track everything they eat.

Like a frog placed in a slowly boiling pot of water, college athletes may not know everything they should know when it comes to personal tech until it’s too late. They may think, “My high school coaches and my parents said this could improve my sleep, effort, pace, etc.,” so more must be okay, right? Not always.

We have reached a moment in time when it is not wise for college athletes and coaching staffs to just imitate what the professionals use when it comes to sports technology. There are many reasons to weigh the pros and cons, but the overarching one is this: High school and college athletes are not given the opportunity to opt out of their data being collected and used without their permission. In their collective bargaining agreements that professional athletes agree to, what data is collected (and who has access to it) is expressly discussed and agreed to. There are no CBAs for these athletes.

In an interview, Kristy Gale, principle of Sports Data Strategies, points out that many of the mistakes college athletes and administrators are making in this new world of name, image and likeness. “Younger athletes are used to tracking and monitoring their performance, even if it's not with a wearable tech device,” she tells me. “They’re used to having more information known about them and sharing that information on social media platforms. When you have (companies like INFLCR and Opendorse) monetize your brand and produce content, a natural way for athletes to produce content is to share this type of performance information, and that’s been done for the last few years.”

It’s easy to share your fastest time, the number of reps you did in the weight room or how many 3s you hit in practice, and athletes are used to doing that. However, what if fans ask for your heart rate, lactic acid levels in recovery or how much sleep you got before a big match—do you decide to reveal it? Where does that line begin and end?

The most ethical thing to happen would be for the tech manufacturers to set the default for all data collection to “opt out.” Athletes would then have the opportunity to consciously decide if and when they want to share their data and results. Gale agreed, saying, “One of the big challenges is making sure you have a robust way for student athletes to opt in and opt out, and that they don’t feel that their ability to play is contingent on their opting in.” It’s a fair question—how many coaches and trainers give athletes the ability to “opt in” to the data that’s collected every day?

There is little incentive for tech companies to do so; in fact, companies sometimes make it difficult for users to discover how to opt out. Gale warned about the liability for administrators and coaches if they don’t know exactly what the issues could be if there is a data breach. Knowing “what agreements are in place, who is being considered (as a) tech partners— are they collecting and using the data? for what purposes?” She encourages athletic departments and campuses to “ask serious questions, develop a robust checklist of what type of data may be collected for what purpose. Ask yourself, ‘What are the categories of the data lifecycle?’ We’ve seen the data that could be collected to help an athlete perform better used later for sports betting and made public to everyone.”

Going further, universities need to think about the reputational risk if there's any type of data breach. What kind of cloud account or desk top computer is data stored? Who has access to it? Athletic departments would be wise to bring in their information technology personnel to dig into more details. With sports betting now legal in over 20 states, it is clearly an emerging issue.

Social and digital media leave a data trail; every contract an athlete signs for an NIL deal, every piece of technology a coach implements to improve player performance, is tracking data. It’s a ticking time bomb for everyone. Administrators need to start asking questions now.