Wearable devices are useful for monitoring physical performance levels, but keeping that data private is an often overlooked consideration
The global sports industry is worth over R7.5 trillion. Athletes and players who compete at a professional level often perform under conditions of stress, overexertion and overtraining. To optimise their physical performance, the industry has adopted various technologies. While teams have traditionally assessed athletes’ physical condition, wearable technology offers a significant advancement from previous monitoring methods, allowing continuous monitoring of an athlete’s overall health.
Wearable technology refers to non-invasive devices and sensors worn on the body to monitor health, without requiring subcutaneous (under the skin) applications. These devices typically include electronic sensors attached to the user’s clothing, collecting valuable data on physiological, motion, position and environmental conditions.
Physiological data provides insights into biological processes within the body, offering valuable perspectives on an individual’s health, performance and overall condition. Wearable devices enable the tracking of physical performance and the analysis of biomechanical, thermal and neuromuscular aspects of metabolic fatigue.
Prominent organisations such as the English Premier League, NBA, NFL, Olympics and FIFA have incorporated wearable technology. Common devices include heart rate and sleep monitors, ECG and EEG, with data transmitted to laptops, tablets and mobile phones and then stored on companies’ and teams’ central servers. In football, American football and basketball, GPS vests monitor real-time acceleration, deceleration, changes of direction and jumping. Other systems track heart rate, breathing rate and movement. In swimming, cycling and running, sports eyewear manufacturers now integrate data-rich displays showing information such as heart rate, pace, cadence, speed, distance, calories burnt and lap counts.
Know your rights
There are numerous benefits to wearable technology, such as injury prevention, health monitoring, improved training efficiency, precision rehabilitation and data-driven decision-making. However, these devices raise concerns about privacy and athlete surveillance. Professional sports already provide viewers with significant access to athletes’ health information and wearable technologies amplify this level of surveillance. Manufacturers and developers of these technologies, devices, applications and software programs must consider these privacy concerns from the outset.
Since wearable technology collects physiological data – largely health-related information – its processing activities fall squarely within the ambit of the Protection of Personal Information Act 4 of 2013 (POPIA). According to POPIA, physiological data is classified as special personal information, a protected subset of personal information that requires more stringent safeguards than ordinary/normal personal information, such as a person’s name, contact details or physical address.
Transparency is key. A privacy policy should address the requirements of Section 18 of POPIA, detailing the categories of personal information processed; the source of collection; the responsible party’s name and address; the purpose of the collection; any intention to transfer information to a third party outside South Africa and data subject rights.
Additionally, the transfer of special personal information outside South Africa may require prior approval from the Information Regulator, unless otherwise permitted under POPIA. While the Information Regulator can authorise data processing, organisations bear the responsibility for securing it.
While POPIA places various obligations on responsible parties, athletes and users should pay close attention to the application terms and conditions and any privacy statements or policies regulating the use of their personal information.
Text | Karl Blom, Prineil Padayachy and Ndinae Ramavhoya
Photography | Shopping King Louie
Karl Blom is a Partner, Prineil Padayachy is a Senior Associate and Ndinae Ramavhoya is a Candidate Attorney at Webber Wentzel.
For more information, go to webberwentzel.com.
