Research On The Ownership And Protection Of Athletes’ Data Under The Background Of Big Data

The development mode of digital sports in internet plus,such as sports,sports+ digitization,has become a new trend in the development of sports industry in today’s era.The integration of big data and sports has further broadened the development space of sports industry,and the wide use of big data technology in the sports field has also explored the great value contained in athlete data.The collection-analysis-application of athlete data is more and more widely used in sports big data industry.The athlete data has become the key to the development of sports big data industry,and at the same time,it has spawned many stakeholders such as individual athletes,athletes data collectors,athletes data controllers,athletes data developers and users.Although this can improve the competitiveness of the market to a certain extent,if there is no corresponding legal regulation,it is easy for all stakeholders to take advantage of legal loopholes and disrupt the order of market transactions,thus bringing high risks to the market transactions of sports industry.At the same time,risks such as infringing on athletes’ privacy interests,infringing on athletes’ property interests,illegal collection and transmission,and athlete data leakage also exist one after another.Based on the theoretical basis and the actual situation,based on the full use of athletes’ data resources in the sports big data environment,drawing lessons from foreign models for data confirmation and protection,this thesis uses the methods of literature,interdisciplinary research,case analysis and inductive analysis to explore sports issues from the perspective of law in China.It is expected to discuss the protection of athletes’ data on the basis of confirming the rights of athletes’ data.Through sorting and analysis,it is found that:(1)On the issue of athlete data confirmation,the athlete data property right is the key to determine the allocation of athlete data resources,which affects the right allocation of athlete data resources and impacts the development direction of sports big data industry and digital sports economy.With the wider use of athletes’ data,the contradiction caused by the unclear property rights of athletes’ data will become more and more prominent.At present,there are some problems in the confirmation of athletes’ data in China,such as people’s insufficient understanding of the importance of the confirmation of athletes’ data,conflicts in the determination of the nature of the rights of athletes’ data in the theoretical circle,and the fact that the circulation of athletes’ data transactions has broken through the boundaries of traditional transactions due to the particularity of the sports field,which leads to practical difficulties such as the lack of special legislation in the current legislative norms,the numerous subjects involved in athletes’ data and the vague boundaries of rights,the complex application scenarios of athletes’ data and the difficulty in determining the data objects.According to the practical difficulties faced by athletes’ data confirmation,this thesis puts forward: 1.The determination of athletes’ data ownership needs to take into account the protection of athletes’ data and the development of sports industry.2.Flexibly determine the athlete data confirmation scheme in combination with the usage scenarios of the athlete data.3.It is necessary to build an open athlete data confirmation system based on the market of athlete data.(2)With regard to the protection of athletes’ data,the particularity of athletes’ occupation and the convenience of collecting data make athletes’ data extremely vulnerable to unreasonable disclosure,illegal disclosure,malicious tampering and other illegal acts,which have caused different degrees of infringement and damage to the rights and interests of data subjects such as athletes.At present,there is no special legislation on athletes’ data in China,and the protection of athletes’ data is mostly based on the protection principle of personal information,which makes it difficult for athletes to defend their rights when their data rights are violated.In addition,there are still some problems in the field of sports,such as the lack of perfect supervision system and the imperfect self-discipline mechanism of sports big data industry.In this regard,this thesis puts forward the following suggestions to improve the athlete protection system: 1.The principle of athlete data protection should be followed in the athlete data protection.2.Establish the property protection path of athlete data.3.Standardize and limit the collection and processing of athletes’ data.4.Establish a special athlete data supervision institution at the supervision level.5.Improve the compliance review mechanism of athlete data.6.Establish and improve the industry self-discipline mechanism for the use of athlete data.