By Jason Lee, 1L, Santa Clara University School of Law
AI in Sports: Balancing Innovation with Privacy
This past winter a discussion on the intersection of artificial intelligence (AI) and privacy as it relates to sports took place at the second annual Sports Law Conference at Santa Clara University School of Law, hosted by Professor Leonard Lun. The 4th panel that day featured the following legal and industry experts:
- Linsey Krolik, An Assistant Clinical Professor at Santa Clara University School of Law with a focus on privacy compliance and responsible AI;
- Marianne McCarthy, Director of Business & Legal Affairs for the Golden State Warriors, specializing in data protection, AI, and Intellectual Property (IP);
- Zahir Rahman, Vice President & Deputy General Counsel for the Las Vegas Raiders, responsible for all legal matters related to team operations and stadium governance;
- Matt Coleman, Partner at Orrick Herrington & Sutcliffe LLP, advising clients on global privacy, cybersecurity, and AI risk management; and
- David Foster, General Counsel at Sports Solidarity PBLLC, a legal advocate for athletes and their rights in an ever-expanding data-centric industry.
Together, the panelists provided a glimpse into the legal and ethical complexities of AI in sports, as well as the fine line between innovation and privacy. The panelists engaged in an interdisciplinary discussion around the effects of AI on athletes, teams, and fans, including player performance, fan engagement, and regulatory impediments.
AI and Player Data: Is it a New Asset or a Threat?
Teams are implementing AI as a tool to improve performance, identify talent, and mitigate injury. However, David Foster pointed out that athletes are being expected to provide more than just their physical performance — they’re also giving up their personal data.
“There are players getting paid for their performance, but they’re also now feeding data into AI systems that could ultimately be used to seek their replacement,” Foster explained. The questions of compensation and consent are intriguing. For example, are athletes entitled to be compensated for their biometric and performance data? And what sort of control should athletes have over how this data is to be used?
One of the significant legal issues is whether athletes understand and are aware of how their data is being collected and used. AI-driven analytics can deliver powerful insights for teams but also have a lack of clear contracts and protections in the system, which could potentially result in players to unwittingly relinquish their rights to their most personal property — statistical data on their own performance that could ultimately be used against them.
Innovation and Privacy
AI is transforming the fan experience, giving rise to new and creative ways for teams to interact with its fans. Marianne McCarthy explained one recent application of AI technology, where fans scanned a QR code, uploaded a photo, and received an AI created animation of their likeness to the players. While this technology allowed fans to interact and engage in a fun new way, it could also lead to privacy issues. Thus, McCarthy emphasized the importance of data protection, ensuring that:
- Fans are made aware about the use of their images and information and how it is being used;
- Data retention policies are explicitly clear: for example, notice that photos and names will be deleted after 12 hours; and
- Being clear that AI-generated content is not infringing on intellectual property rights.
These measures show a delicate balance between innovation and privacy. And even though fan engagement tools such as ID programs, as described above, may seem harmless, organizations need to keep an eye out on the potential for unintentional privacy violations or copyright infringements.
AI in Scouting and Strategy
AI is also becoming integral to scouting and training. Zahir Rahman discussed the impact of AI-driven virtual reality on training quarterbacks. Some teams have employed AI-powered VR headsets that simulate game-time decision-making at high speed.
For teams, this presents a security concern. How can they safeguard proprietary playbooks and strategies all while trying to integrate AI? Data leaks or misuse could compromise the integrity of a team’s competitive edge. Rahman clarified that the NFL regards data as one of its most valuable assets, making it particularly important to closely guard the use of AI against the potential risks of manipulating game results and data breaches.
Challenges of Legal and Regulatory Compliance on AI
The impact of AI on privacy laws is another area of concern. Matt Coleman shared a legal perspective on the expanding regulatory landscape, noting that state laws governing AI and data privacy are emerging quickly. To date, 140 AI related bills were already introduced in 2025 alone.
An example shared was AI-generated content such as deepfakes, which spark conflicts over commercial rights and privacy disputes. In turn, regulatory bodies are shifting their focus on harm-based legislation and trying to ensure that AI has no negative impact on people’s employment, finances, or opportunities.
Sports organizations must be proactive and take initiative to monitor laws and regulations and implement compliance strategies in order to minimize the risks of expensive lawsuits and reputational damage.
What This Means for Sports Organizations
AI offers immense potential, but it also needs responsible governance. Both the NBA and NFL have taken different approaches — while the NBA encourages innovation, the NFL tends to be more conservative and prioritize data protection.
McCarthy explained that NBA teams collaborate closely together, sharing details on vendor contracts and AI best practices. By contrast, Rahman noted that the NFL’s governance framework requires stricter protocols to ensure teams are not using each other’s data without permission.
This divergence embodies one of the challenges of AI adoption: the balance of technological advancement versus the ethical and legal implications of AI use. Whether for fan engagement, performance tracking of players, or AI-driven scouting, teams must create clear policies to protect not just competitive fairness but personal privacy as well.
The Future of AI in Sports Law: Practical Takeaways
As AI progresses, the future challenges for sports law professionals need to be anticipated. The panelists emphasized key takeaways in navigating AI in sports:
- Be Transparent – Organizations need to be transparent and disclose to the user how the player and fan data is collected, stored, and used;
- Data Protection is Non-Negotiable – Implementing robust security measures will prevent unauthorized access or misuse;
- AI Should Complement, Not Replace, Human Judgment – AI-driven tools can aid scouting and coaching, but should not replace human decision-making;
- Stay Ahead of Regulatory Changes – With the changes in the AI legal landscape occurring very rapidly, sports organizations should track these new laws and compliance requirements; and
- Athlete Education is Essential – Players must understand their rights and risks associated with data and AI.
Now Is the Time to Shape the Future of AI in Sports
AI in sports isn’t merely a technological development — it’s a legal and ethical challenge that needs careful oversight. While organizations, leagues, and legal professionals try to navigate this fast-moving landscape, proactive governance will be critical to realizing the potential of AI for the benefit of all stakeholder groups. This is just the beginning of the discussion regarding AI and the issue of privacy in sports. The question now isn’t if AI will upend the industry, it is how we should approach the implications of AI so that we can protect players, fans, and the game itself.
