In language newly added to their 2017 collective bargaining agreement, the NBA and the National Basketball Players Association have agreed to a set of rules governing the use of wearable technology by the league and its players. These rules set important precedents for the use of such technology, and the employer-employee relationship, that will likely resonate far beyond the hardcourt.
In the CBA, NBA players have established the right to their own data, banned the use of such data in contract negotiations, and established standards for the approval of new devices and the punishment of data-use violations. While both parties have yet to answer the critical question of how, and on what scale, player data will be sold to third parties, the adoption of these rules nonetheless marks a major step forward in clarifying the boundaries of a relatively new frontier for athletes.
Wearable technology presents a complex set of challenges and opportunities for professional sports teams and the players they employ. Teams, quite understandably, would like to collect as much biophysical data as possible on their players, while players—equally understandably—are more than a little wary of being asked to wear technology that, for example, literally watches them while they sleep.
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