The Necessity for Strong Regulatory Frameworks

As the sports industry continues its digital evolution, there is a pressing need for regulatory frameworks to keep pace with new challenges. One of the critical aspects of this transformation involves handling personal and health-related data for athletes, staff, and fans. Therefore, establishing a legally compliant and secure data processing framework is essential to mitigate privacy risks and vulnerabilities.

Core Principles of Data Processing

According to Akshayy S. Nanda, a partner at Saraf and Partners, the foundational principles guiding data collection and processing must include lawfulness, fairness, and transparency. He stressed the importance of collecting data only for specified, explicit, and legitimate purposes, emphasizing that data should not be processed incompatibly with those purposes.

“Key elements of such a policy include lawfulness, fairness, and transparency in data processing, ensuring that data is collected for specified, explicit, and legitimate purposes,” said Nanda.

Nanda also pointed out the principle of data minimization, advocating for the collection of only relevant and necessary personal data.

“Data minimization is essential, meaning only relevant and necessary personal data should be collected,” he suggested.

Implementation of Comprehensive Data Policies

Karan Bhardwaj, Head of Strategy & Legal at JSW Sports Pvt Ltd, underscored the necessity for robust policies that include express consent from individuals, grievance redressal mechanisms, and data-sharing agreements with third parties. Regular audits are vital to ensure continuous compliance with data protection standards.

“Information on data protection policies should be disseminated to all stakeholders, including staff, athletes, and fans, through written communication or training seminars,” Bhardwaj added.

Importance of Data Protection Impact Assessments (DPIAs)

A crucial tool in the landscape of data protection is the Data Protection Impact Assessment (DPIA), particularly concerning the processing of sensitive information such as athletes’ medical records. Nanda elaborated on the DPIA process, which includes identifying the need for assessments, detailing the data processing involved, and evaluating risks.

“Conducting DPIAs involves identifying the need for a DPIA, describing the processing, assessing necessity and proportionality, identifying and assessing risks, and implementing measures to mitigate identified risks,” stated Nanda.

Bhardwaj emphasized that regular DPIAs should become a standard practice for sports organizations dealing with personal and medical data.

“Ideally, a DPIA must be conducted at regular intervals, especially when managing personal information, medical records, and other sensitive data,” he noted.

Framework for Data Retention and Deletion

Both experts agree that an effective data protection framework should not only focus on the collection and processing of data but also outline clear procedures for data deletion and retention periods. This framework aims to ensure that personal data is held only as long as necessary for its intended purposes.