Rugby Union legal battle brewing as players set to fight for right to 'data'
Legal proceedings are a very real possibility between professional rugby players and their respective clubs and unions as the issue of data ownership within the game is set to be contested.
While sports technology and the use of analytics around performance data have become the norm in rugby, who actually owns the information that is created during that process is something of grey area and could become a legal minefield.
RugbyPass understands that at least two senior internationals have already sought legal advice over the ownership of data and how that data is being used.
The crux of the issue relates to both performance data accrued by clubs and unions, largely through GPS units and other performance measurement devices; and data relating to injuries players have sustained throughout their career.
Increasingly players believe it is they and not the club that own that data, and that it should be afforded the same legal protection that normal personal data is. They want to stop club’s using their data without their consent.
The player argument is that they are the creator of the data and that unregulated use of it – ie clubs sharing that data with other clubs, or even selling it to third parties – could have potentially detrimental effects to their careers and their future earnings.
For example, if a player’s performance in training has statistically declined; be it speed tests, work-rate or if they’re not lifting as much in the gym as they once did, that information could be potentially valuable to a club interested in signing the player.
Likewise, data relating to a player’s medical history – is again of significant value to a club that might be interested in spending hundreds of thousands for their services.
If a club believes a player to be prone to say concussion, they may well not wish to sign him.
Last week Dublin was unveiled as the new global headquarters for International Rugby Players (formerly IRPA), who have relocated their operations from Auckland, NZ. International Rugby Player CEO Omar Hassanein says that his organisation have a number of “live issues” in relation to data disputes between players and clubs.
“We’ve also had live issues in relation to the dissemination of some players personal medical data, to which we stand by the players right to have this protected,” Mr Hassanein told RugbyPass.
“There have been cases in the recent past that have raised the issue of the use of player data. We understand that this is new territory both for clubs and players and are working with all sides on that basis, however it is important that players are in control and consulted around any use of their playing data.”
“With the continued global debate about the use of data, many of our members around the globe are asking questions about the use of their personal data, be it medical or playing data.
“We are liaising with clubs, unions and governing bodies on issues that arise. We believe players are entitled to manage their own private data with the same respect to their confidentiality that any other member of the public would be afforded. Equally, we are of the view that any personal statistical data relating to the player is owned by the player themselves and hence they should also reap any benefits that may arise from the commercialisation of such data.”
RugbyPass asked Mr Hassanein was he aware of clubs either sharing or selling player data to third parties without player consent and he is ‘aware’, anecdotally at least, of allegations in this regard.
“Via our member players associations, we have been made loosely aware of such activity potentially taking place however the information at this stage is not concrete enough for us to take a stance on it.”
The issue of data is a particularly prescient as the new EU wide data regulations are set to come into play this May.
The General Data Protection Regulation (GDPR) will come into force on the 25th May 2018, replacing the existing data protection framework under the EU Data Protection Directive.
Basically put, the GDPR emphasises the responsibilities of businesses like professional rugby clubs who are effectively ‘data controllers’.
These regulations could now have a real impact on how professional rugby clubs’ control player data and present an area where the game is in serious catch-up mode and needs to tread carefully.
Comments on RugbyPass
I bet he inspired those supporters just as much.
1 Go to commentsBen Smith Springboks living rent free in his head 😊😂
67 Go to commentsGood to hear he would like to play the game at the highest level, I hadn’t been to sure how much of a motivator that was before now. Sadly he’s probably chosen the rugby club to go to. Try not to worry about all the input about how you should play rugby Joey and just try to emulate what you do on the league field and have fun. You’ll limit your game too much (well not really because he’s a standard athlete like SBW and he’ll still have enough) if you’re trying to make sure you can recycle the ball back etc. On the other hard, you can totally just try and recycle by looking to offload any and everywhere if you’re going to ground 😋
1 Go to commentsThis just proves that theres always a stat and a metric to use to justify your abilities and your success. Ben did it last week by creating an imaginary competition and now you did the same to counter his argument and espouse a new yardstick for success. Why not just use the current one and lets say the Boks have won 4 world cups making them the most successful world cup team. Outside of the world cup the All Blacks are the most successful team winning countless rugby championships and dominating the rankings with high win percentages. Over the last 4 years statistically the Irish are the best having the highest win rate and also having positive records against every tier 1 side. The most successful Northern team in the game has been England with a world cup title and the most six nations titles in history. The AB’s are the most dominant team in history with the highest win rate and 3 world cups. Lets not try to reinvent the wheel. Just be honest about the actual stats and what each team has been good at doing and that will be enough to define their level of success.
19 Go to commentsHow is 7’s played there? I’m surprised 10 or 11 man rugby hasn’t taken off. 7 just doesn’t fit the 15s dynamics (rules n field etc) but these other versions do.
7 Go to commentsPick Swinton at your peril A liability just like JWH from the Roosters Skelton ??? went missing at RWC
14 Go to commentsLike tennis, who have a ranking system, and I believe rugby too, just measure over each period preceding a world cup event who was the longest number one and that would be it. In tennis the number one player frequently is not the grand slam winner. I love and adore the All Blacks since the days of Ian Kirkpatrick when I was a kid in SA. And still do because they are the masters of running rugby and are gentleman on and off the field - in general. And in my opinion they have been the majority of the time the best rugby team in the world.
19 Go to commentsHaving overseas possessions in 2024 is absurd. These Frenchies should have to give the New Caledonians their freedom.
21 Go to commentsBell injured his foot didn’t he? Bring Tupou in he’ll deliver when it counts. Agree mostly but I would switch in the Reds number 8 Harry Wilson for Swinton and move Rob Valentini to 6 instead. Wilson is a clever player who reads the play, you can’t outmuscle the AB’s and Springboks, if you have any chance it’s by playing clever. Same goes for Paisami, he’s a little guy who doesn’t really trouble the likes of De Allende and Jordie Barrett. I’d rather play Carter Gordon at 12 and put Michael Lynagh’s boy at 10. That way you get a BMT type goalkicker at 10 and a playmaker at 12. Anyways, just my two cents as a Bok supporter.
14 Go to commentsThanks Brett, love your articles which are alway pertinent. It’s a difficult topic trying to have a panel adjudicating consistently penalties for red card issues. Many of the mitigating reasons raised are judged subjectively, hence the different outcomes. How to take away subjective opinions?
9 Go to commentsYes Sir! Surprising, just like Fraser would also have escaped sanction if he was a few inches lower, even if it was by accident that he missed! Has there really been talk about those sanctions or is this just sensational journalism? I stopped reading, so might have missed any notations.
9 Go to commentsAI is only as good as the information put in, the nuances of the sport, what you see out the corner of the eye, how you sum up in a split second the situation, yes the AI is a tool but will not help win games, more likely contribute to a loss, Rugby Players are not robots, all AI can do if offer a solution not the solution. AI will effect many sports, help train better golfers etc.
45 Go to commentsIt couldn’t have been Ryan Crotty. He wasn’t selected in either World Cup side - they chose Money Bill instead. And Money Bill only cared about himself, and that manager he had, not the team.
28 Go to commentsYawn 🥱 nobody would give a hoot about this new trophy. End of the day we just have to beat Ireland and NZ this year then they can finally shut up 🤐
19 Go to commentsTalking bout Ryan Crotty? Heard Crotty say in a interview once that SBW doesen't care about the team . He went on to say that whenever they lost a big game, SBW would be happy as if nothing happened, according to him someone who cares would look down.. Personally I think Crotty is in the wrong, not for feeling gutted but for expecting others 2 be like him… I have been a bad loser forever as it matters so much to me but good on you SBW for being able to see the bigger picture….
28 Go to commentsThis sounds like a WWE idea so Americans can also get excited about rugby, RUGBY NEEDS A INTERNATIONAL CALENDER .. The rugby Championship and Six Nations can be held at same time, top 3 of six nations and top 3 of Rugby championship (6 nations should include Georgia AND another qualifying country while Fiji, Japan and Samoa/Tonga qualifier should make out 6 Southern teams).. Scrap June internationals and year end tours. Have a Elite top six Cup and the Bottom 6 in a secondary comp….
19 Go to commentsThe rugby championship would be even stronger with Fiji in it… I know it doesen’t fit the long term plans of NZ or Aus but you are robbing a whole nation of being able to see their best players play for Fiji…. Every second player in NZ and AUS teams has Fijian surnames… shame on you!!! World rugby won’t step in either as France and England has now also joined in…. I guess where money is involved it will always be the poor countries missing out….
90 Go to commentsNo surprise there. How hard can it be to pick a ball off the ground and chuck it to a mate? 😂
4 Go to commentsSometimes people just like a moan mate!
9 Go to commentsexcellent idea ! rugby needs this 💪
19 Go to comments