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Abstract

In recent years, biometric data has crept its way into sports venues. In 2015, Major League Baseball began to use fingerprinting at stadium entrances. More recently, reporters have alerted spectators to the use of facial recognition technology in arenas such as Madison Square Garden. Proponents of these developments insist that the technology conveniences spectators, increases venue security, and enhances the overall spectator experience. Yet these claims fail to take into account the possibility of irremediable data breaches, the inaccuracies in facial recognition technology, and the privacy and unfair and deceptive trade practice concerns this technology raises. Further, there is an overarching concern about the lack of regulation of biometric data. This Note examines the benefits and concerns of biometric technology as well as the options for regulating it. Ultimately, this Note finds that national regulation of biometric technology would best serve sports spectators. In particular, this Note recommends a uniform standard for venues in all states that requires transparency of biometric data policies, and protection of spectator data.

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