This is the second part of the text about AI in the Field. Read the first part by guest author Calza Neto. here.
From a legal standpoint, the increasing use of artificial intelligence (AI) in football, especially regarding data protection, raises a number of questions. These aspects need to be carefully addressed to ensure respect for the fundamental rights of individuals, particularly privacy and the protection of personal data. The General Data Protection Law (LGPD) is the most important regulatory framework in Brazil when it comes to the protection of personal data, applicable to both conventional and sensitive data, such as biometric information used in facial recognition.
In the context of football, the collection of data from fans, athletes, and employees must strictly comply with this law. The LGPD (Brazilian General Data Protection Law) requires that data processing be transparent, limited to what is necessary for the specific purpose, and that organizations obtain clear consent or rely on another appropriate legal basis to process this information, such as compliance with legal obligations or credit protection.
The law also stipulates the need to adopt technical and organizational measures to protect data against unauthorized access and leaks. Therefore, clubs and organizers of sporting events have a duty to implement robust cybersecurity policies, ensuring that the information collected is adequately protected.
The collection of biometric data — such as fingerprints or facial recognition — is considered sensitive data processing under the LGPD (Brazilian General Data Protection Law), which implies stricter legal requirements. The principle of minimization, stipulated in the law, establishes that only strictly necessary data should be collected and processed. Thus, the implementation of facial recognition systems in stadiums must be carried out in a way that minimizes data collection as much as possible, using only what is sufficient to meet security purposes. Furthermore, the storage of this data must be restricted to the period necessary to guarantee the security of the sporting event. Prolonged storage without legal justification may result in sanctions under the LGPD, ranging from warnings to multimillion-dollar fines.
Errors in AI systems, such as the incorrect identification of fans, raise serious questions of civil liability. Inaccuracies in facial recognition systems can result in undue embarrassment, with innocent fans potentially being barred from entry or wrongly identified as a threat.
The importance of consent
Obtaining adequate consent, unless another applicable legal basis exists, is another key point in the use of AI and data protection in football. The LGPD (Brazilian General Data Protection Law) requires that consent be informed, free, and unambiguous; that is, fans must be clearly informed about what data is being collected, for what purpose, and for how long this data will be stored. In the case of sporting events, organizers have a duty to inform fans in advance about the use of surveillance technologies, such as facial recognition, and provide a legal justification for the collection and processing of their data. Beyond consent, transparency is fundamental. Clubs need to ensure that their data collection and processing practices are easily understood by the public, providing clear and accessible information on how personal data is being used.
The National Data Protection Authority (ANPD) plays a central role in overseeing and regulating data processing in Brazil. In the context of football, the ANPD is responsible for ensuring that clubs and organizers of sporting events strictly comply with the LGPD (Brazilian General Data Protection Law). The ANPD can even conduct audits and issue guidelines to ensure that best practices are followed, minimizing the risks of violating the rights of data subjects.
From an ethical standpoint, it is fundamental that the use of AI in football be fair and non-discriminatory. Studies indicate that certain facial recognition systems may be less accurate in identifying individuals of different ethnicities and genders, which can result in indirect discrimination in access to stadiums or participation in sporting events. Legally, this could constitute a violation of the principle of equality, enshrined in the Federal Constitution, and open the door to litigation based on discrimination. In this sense, clubs must ensure that the AI systems used are subject to regular audits to identify and correct potential algorithmic biases. Brazilian legislation, based on the Consumer Protection Code and the Constitution, imposes the duty of equal treatment, and any technology that infringes this principle can be challenged in court.
In short, the AI revolution in football is only just beginning, and its implications are profound and far-reaching. From optimizing player performance to the security and protection of personal data, and encompassing the fan experience and event management, AI has the potential to transform the sport into a safer, more efficient, and technologically advanced platform.
However, this transformation requires an unwavering commitment from clubs, organizers, and regulators to ensure that technological progress is accompanied by rigorous respect for fundamental rights. This includes compliance with data protection legislation, such as the LGPD (Brazilian General Data Protection Law), the adoption of transparent and secure practices for the collection and use of biometric data, as well as special attention to ethical aspects, such as avoiding discrimination in facial recognition systems.
Thus, the future of technology in football will depend on a careful balance between innovation and social, ethical, and legal responsibility, ensuring that the sport remains a space of passion, fun, and inclusion, while embracing the numerous opportunities that technology can provide.
