Offsides on data: the federal privacy gap in college athletics’ LLC era
Following the House v. NCAA settlement, which allows Division I institutions to share revenue directly with athletes, and the growth of NIL activity, universities are under growing financial pressure to find new sources of revenue. Some collegiate athletic operations are now turning to private capital and commercial partners, placing ticketing, sponsorship, licensing, and media operations into affiliated limited liability companies (LLCs) and other separate entities.
This series of three articles examines the privacy and data-governance implications of the trend. Part 1 (Offsides on data) examines federal privacy questions using the example of University of Utah’s for-profit Crimson Brand Partners model. It explains how moving commercial operations into a separate LLC changes the privacy analysis, when The Family Educational Rights and Privacy Act (FERPA) continues to protect student records shared with a for-profit affiliate, and why the Health Insurance Portability and Accountability Act (HIPPA) is usually not the governing regime for student health records. It closes with the questions counsel should answer before any data crosses the LLC boundary.
Part 2 (Next Play), addresses the additional state, federal, and international regimes that may apply. Part 3 (Home-Field Rules), examines the University of Kentucky’s public-affiliate model, compares the two approaches, and considers how public and private universities might structure similar ventures.
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- Tags: American Football | Baseball | Basketball | College Sports | Commercial | Corporate | Data Protection | Family Educational Rights and Privacy Act (FERPA) | Football | Governance | Health Insurance Portability and Accountability Act of 1996 (HIPAA) | Investment | NIL | USA
Written by
Samuel D. Goldstick
Samuel (Sam) Goldstick is a data privacy and cybersecurity attorney at Foley & Lardner, advising clients across a broad range of industries on all aspects of compliance with international, federal, and state data privacy and security laws. He is a senior counsel in the firm’s Technology Transactions, Cybersecurity, and Privacy Practice, and a member of the Sports & Entertainment Industry Team and Innovative Technology Sector.
Aaron K. Tantleff
Aaron Tantleff is a partner with Foley & Lardner LLP who helps companies navigate the legal, operational, and commercial issues surrounding technology, artificial intelligence, cybersecurity, privacy, incident response, data governance, and IP. He advises on AI strategy and responsible adoption, governance frameworks, contracting and vendor diligence, data rights, privacy and security controls, regulatory compliance, and the deployment of emerging AI technologies, alongside a broader practice involving outsourcing, licensing, development arrangements, strategic alliances, M&A, data monetization, and cyber incident preparedness and response. Aaron is also on the leadership team for the Sports and Entertainment Industry Group.
Before joining Foley, Aaron served as global director of IP for a NASDAQ-listed technology and software company and as acting associate GC for a multibillion-dollar NYSE-listed consulting firm, giving him a practical understanding of enterprise technology from both the legal and business perspectives. He represents clients across industries including financial services, energy, health care and life sciences, manufacturing, transportation, consumer markets, and technology, and is a frequent speaker and media commentator on emerging technology, AI, privacy, and cybersecurity issues. He was also appointed to the Governance Board of the Cybersecurity Manufacturing Innovation Institute, a U.S. Department of Energy-launched organization focused on strengthening the security and growth of the U.S. manufacturing sector.
