Aaron Tantleff and Samuel Goldstick Explore Athlete Data Privacy in Three-Part Series
Foley & Lardner LLP attorneys Aaron Tantleff and Samuel Goldstick authored a three-part series in LawInSport on the privacy and data governance challenges facing Division I athletics amid expanding NIL activity and post-House v. NCAA operational changes.
In Part 1, “Offsides on Data,” examines federal privacy questions using the example of University of Utah’s for-profit Crimson Brand Partners model. It explains how moving commercial operations into a separate LLC changes the privacy analysis, when the Family Educational Rights and Privacy Act (FERPA) continues to protect student records shared with a for-profit affiliate, and why the Health Insurance Portability and Accountability Act (HIPPA) is usually not the governing regime for student health records. It closes with the questions counsel should answer before any data crosses the LLC boundary.
Part 2, “Next Play,” addresses additional privacy regimes and commercialization risks, with practical recommendations for university counsel. Using the University of Utah’s venture as a reference point, it highlights how state consumer privacy laws and consumer health data statutes may apply to a for-profit athletics affiliate operating outside FERPA and HIPAA. It then considers data ownership and commercialization, including biometric privacy, cross-border processing under the GDPR, and FTC enforcement, before setting out the governance steps counsel should take before athlete data is transferred or repurposed.
In the final installment, “Home-Field Rules,” compares Kentucky’s public-affiliate model and addresses structural choices for universities. It analyzes how Kentucky’s Champions Blue, LLC differs from Utah’s for-profit venture in ownership, functions, data control, and public accountability, and why those differences matter under FERPA, HIPAA, state consumer privacy laws, and public-records statutes. The article sets out the authority, governance, and tax questions that universities should resolve before forming an athletics entity, with practical recommendations for university counsel.
