Entertainment, Arts, and Sports Law Commons^™

Forget About Ferpa: How Foia Protects Student-Athlete Privacy In The Nil Era, Kamron Cox

Vanderbilt Journal of Entertainment & Technology Law

The start of the name, image, and likeness (NIL) era stirred public fervor about the new earning potential of high-profile student-athletes. Since institutional policies and state laws governing NIL require student-athletes to broadly disclose information about their NIL activities to their respective institutions, the several state laws that follow the approach of the federal Freedom of Information Act (FOIA) can jeopardize the privacy of student-athlete NIL information. Major universities have repeatedly resorted to the unreliable defense of the Family Educational Rights and Privacy Act as well as sporadic state legislation to protect student-athlete privacy in the new NIL space. However, …