ESPN examines the pervasive secrecy associated with Name, Image, Likeness (NIL)-related documents and data from “a sampling of 23 universities -- 20 from Power 5 conferences.”

“It’s nearly impossible to identify trends and outliers that might point to inequities in the way schools are promoting or supporting their athletes across sports, gender and race; whether athletes are treated fairly if a school has a competing interest with a company or donor; or whether schools are ensuring athlete deals abide by state and NCAA NIL rules and aren't exploitative. For athletes and recruits, some information -- even anonymous, aggregate figures that give an overview of the market -- could help them assess whether their own NIL offers are fair.”

Earlier this year, the Kentucky Open Government Coalition found itself in a chorus of one that voiced concern about Kentucky’s Name Image Likeness bill. We focused on the unprecedented inclusion of language in the law that declared all NIL records and data — including records and data relating to university oversight — exempt from disclosure under the privacy exception to the open records law. 

https://apps.legislature.ky.gov/record/22rs/sb6.html

https://amp.kentucky.com/news/local/education/article258206328.html

We wrote:

“Under SB 6, as enacted, state universities will not be accountable to the public in discharging this newly assigned statutory duty. Surely some public oversight — even limited oversight that is tailored to protect the athletes’ privacy rights — is warranted in these uncharted and potentially treacherous waters.”

https://kyopengov.org/blog/kentucky-nil-bill-signed-law-questions-remai…

Our concerns were unheeded. 

For the first time — at least to our knowledge — lawmakers extended blanket protection to public records under an exception to the open records law that is premised on a “case specific approach.”

https://law.justia.com/cases/kentucky/supreme-court/1992/90-sc-498-dg-1…

We discussed our concerns with ESPN reporter Paula Lavigne not long ago. Our comments — and lawmakers’ responses — appear in the ESPN article published today.

Legislate in haste; repent in leisure. We hope this adaptation of the old adage won’t be the case in Kentucky.