The insights industry faced more than just April showers, as the first full month of spring brought tempestuous issues, such as whether recent federal government action against DEI and sex/gender identity means we can no longer ask demographic questions, and determining the current impact of DOGE on the industry. We weighed in with Congress on consumer data privacy legislation, looked at a new privacy law change in Utah and the status of some AI legislation in California, urged more funding for the Census Bureau, and advocated for exit polling in Nevada and Louisiana, among other policy issues.
Big Picture Concerns
Some insights professionals and clients are wondering, with the federal government directives against diversity, equity and inclusion (DEI) and terminology on sex and gender identity, as well as the temporary disappearance of some federal data sets, can insights professionals still ask a full range of demographic questions in their market research studies? The Insights Association delved into the details on several executive orders from the Trump administration on these issues, and what happened with the disappearing census data, to help IA members level set, and understand what may be driving moves among government agencies, contractors and other companies.
Meanwhile, in a recent news interview discussing the Department of Government Efficiency (DOGE), Elon Musk claimed that the agency had uncovered a simple 10-question customer satisfaction survey that cost nearly $1 billion. That caught the IA’s attention, so we investigated. Getting clear and accurate information about DOGE activities (and anything related) has been difficult since inauguration day. This has been complicated by the din of partisan, media-fueled chatter. Everything appears to move at a break-neck pace and often becomes convoluted by judicial involvement, reversals of decisions, and public restatements of fact or assertion. Plenty of professionals in the insights industry are concerned by some (or all of) this DOGE-related news and impacts direct (such as loss of funding for grants or contracts relied upon by some companies) or indirect (reduced market opportunities for vendors to federal contractors). The actual impacts will take a while to calculate and understand, by which time circumstances may have changed (for better or worse). IA members should read our review and next steps on DOGE and our industry.
Privacy and Data Security
In comments to a detailed request for information from the House Energy & Commerce Committee, the Insights Association recommended “a comprehensive federal consumer data privacy law that will respect and protect consumers, facilitate compliance in the private sector, preempt the patchwork of conflicting state laws, centralize enforcement at the Federal Trade Commission (FTC) and state Attorneys General (AGs), and continue to allow for the informed decision-making provided by insights services.”
Also this month, we looked at a proposal from the Consumer Financial Protection Bureau (CFPB) that could unfairly apply restrictions in the Fair Credit Reporting Act (FCRA) to the work of many insights professionals in a misguided end-run around Congress to create a federal privacy law.
Finally, a new law in Utah added a correction right to Utah’s comprehensive state privacy law.
Competitive Sourcing
The Freedom from Government Competition Act, legislation endorsed by the Insights Association, was reintroduced to require the federal government to procure goods and services from the private sector when possible, including insights services, instead of competing with the private sector. DOGE could prove useful in reducing that federal government competition, but legislation is still a necessity in this area.
IA provided an updated position paper on the bill.
Artificial Intelligence
The governor vetoed the Virginia High-Risk Artificial Intelligence Developer and Deployer Act, which he called “a burdensome artificial intelligence regulatory framework.”
A draft report from the California governor’s working group produced recommendations for handling “frontier” artificial intelligence.
On a more practical front, IA’s latest Code in Action article looks at how to apply research standards to AI, since AI’s impact on research raises familiar, new, and evolving considerations for practitioners. Key requirements to ensure research integrity and quality when using AI tools are outlined in the revamped Insights Association Code of Conduct, too.
Census
The Insights Association joined a coalition effort urging Congress to provide $2 billion for the Census Bureau in Fiscal Year 2026. We're keeping a sharp eye on funding for the 2030 Census and the American Community Survey (ACS), the key sources of data for producing statistically-reliable research studies in the U.S.
Exit Polling
A bill in Louisiana would constrict who may conduct exit polling at voting places in the state. However, a new bill in Nevada would make a variety of changes to state election laws, but add a pair of new exemptions to specifically allow for exit polling.
(Insights professionals interested in taking action can use IA’s 1-pagers on the Louisiana and Nevada exit polling legislation.)
With appreciation for your support
Given the wide scope of challenges and opportunities in advocacy for the insights industry in the U.S., the Insights Association cannot tackle them effectively without your continued support, especially from our company and corporate department members.
We remain available to answer your questions and concerns on legislative/regulatory/legal issues. Please stay in touch, including on what you’re seeing and experiencing in your work and business.
This information is not intended and should not be construed as or substituted for legal advice. It is provided for informational purposes only. It is advisable to consult with private counsel on the precise scope and interpretation of any laws/regulation/legislation and their impact on your particular business.