Professional footballers threaten data firms with GDPR legal action.
850 players have stated they want compensation for the trading of their performance data, which occurred over the past six years. This movement was led by Russell Slade, former Cardiff City, Leyton Orient and Yeovil Town manager.
Who is taking action?
17 big firms have received letters before action, that have alleged data misuse. The Data that has been obtained relates to a multitude of stats, ranging from to goals per game, to height.
If the group pursues legal action and is successful, it could lead to a radical change of a multi-billion-pound industry behind the professional sport that trades on players’ information. Mr Slade has stated that he believes around 150 targets have misused data.
What is the problem?
There are companies that are taking that data and processing that data without the individual consent of that player.
Former player Dave Edwards expressed his concern by saying, “the more I’ve looked into it and you see how our data is used, the amount of channels it’s passed through, all the different organisations which use it, I feel as a player we should have a say on who is allowed to use it,” he said.
This Highlights the importance of obtaining consent to use the data of others and when doing so, clearly stating how the data shall be used. If you don’t have clear records to demonstrate they consented this is deemed as invalid consent.
What is invalid consent?
- the individual doesn’t realise they have consented;
- you don’t have clear records to demonstrate they consented;
- there was no genuine free choice over whether to opt-in;
- the individual would be penalised for refusing consent;
- there is a clear imbalance of power between you and the individual;
- consent was a precondition of a service, but the processing is not necessary for that service;
- the consent was bundled up with other terms and conditions;
- the consent request was vague or unclear;
- you use pre-ticked opt-in boxes or other methods of default consent;
- your organisation was not specifically named;
- you did not tell people about their right to withdraw consent;
- people cannot easily withdraw consent; or
- your purposes or activities have evolved beyond the original consent.
All Response Media Viewpoint
Although laid out in simple terms and no matter the company size, many businesses can still overlook the finest of details amongst their data collection methods and processes.
It is very important to obtain consent when collecting data from a subject. Without consent, the processing of personal information becomes invalid consent. It is important to keep a clear record of consent and update this consent regularly.
It is of equal importance to provide parties with the option to withdraw consent, allowing the business to review existing consents and consent mechanisms to ensure that they meet the UK GDPR standard.