Abstract
The unprecedented rapid uptake of facial recognition technology (‘‘FRT”) in commercial and public spaces for data capture and surveillance has entrenched every aspect of our daily lives from mundane tasks, such as grocery store shopping to family and experiential moments, such as participation in spectator sports. As such, the rapid adoption and integration of FRT into sports security is reshaping aspects of sporting events and fan experiences, often without adequate consideration of privacy and ethical implications. Professional sports leagues, specifically the NFL, are in the process of adopting the use of this type of technology to enhance security measures, streamlining fan access, and personalizing fan experiences.
This technology raises complex legal questions about privacy, consent, and data storage and protection, particularly given the vast number of spectators and their sensitive biometric data that is captured. This paper examines the legal implications of facial recognition software use by the NFL in stadiums, analyzing its compatibility with privacy laws, regulatory challenges and legislative trends. While this paper focuses on the United States as its primary site of analysis, many of the legislative gaps identified are also present in the Canadian context. The analysis also offers a valuable point of comparison and reflection for Canadian sports teams and venue operators. As Canadian stadiums increasingly explore or adopt similar security and fan engagement technologies, the NFL experience provides a critical learning opportunity to anticipate potential legal, ethical, charter and privacy challenges in Canada
Recommended Citation
Shanthi E. Senthe, "Game Face: Legal Tackle on Facial Recognition and Privacy Rights at NFL Games" 23:2 CJLT 359.
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