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September brought interesting developments in advocacy issues facing the U.S. insights industry, including a gaggle of new state laws on data privacy and artificial intelligence (AI), the business community coalescing to defend the American Community Survey (ACS), a critical privacy decision in a European courtroom, a changing human resources landscape, and other legislation.

Privacy and Data Security

The European Court of Justice (CJEU) recently dismissed a case brought against the new mechanism for trans-Atlantic data transfers, the EU-U.S. Data Privacy Framework (DPF). Insights professionals can breathe a sigh of relief and work can continue unimpeded for now.

California is preparing regulations to launch the Delete Request and Opt-out Platform (DROP), a centralized data deletion request mechanism for all registered data brokers.

A recent Virginia law prohibits collection, use and sharing of personal reproductive or sexual health information without consent, in connection with consumer transactions. Violations are punishable via private lawsuits.

A new Oregon law prohibits the sale of precise location data, or personal data pertaining to a minor under 16 years of age.

On the legislative front in September:

• The Kids Off Social Media Act would prohibit the use of personalized recommendation systems on kids under 17 years old, prevent kids under 13 years old from accessing social media, and limit social media use in schools; and
• The South Carolina Child Data Privacy and Protection Act would only allow entities offering online products to minors under age 18 to collect, retain, process, or sell their personal data when it is necessary to render the online product. It would also require notices and data privacy impact assessments. Online platforms, websites and services knowingly conducting market research and analytics with minors under 18 years old would presumably be covered by the Act.

Artificial Intelligence

A law passed this year extended the Utah Artificial Intelligence Policy Act until July 1, 2027, shrunk the applicability of disclosure requirements for generative AI interactions to only those with consumers, and provided a safe harbor for up-front and ongoing disclosures.

Colorado has delayed the effective date of the state artificial intelligence (AI) law to June 30, 2026. The law had been scheduled to come into effect on February 1, 2026.

Congress also looked at proposed AI legislation this month, including:

• The No Adversarial AI Act, which would ban the federal government from using or procuring AI systems produced or developed by a foreign adversary (China, including Hong Kong; Russia; Iran; and North Korea);
• The Protection Against Foreign Adversarial Artificial Intelligence Act, which would ban the use of DeepSeek artificial intelligence (AI) to execute any part of a federal contract; and
• The Decoupling America’s Artificial Intelligence Capabilities from China Act, which would ban importing AI developed or produced in the People’s Republic of China, the exportation of AI and AI intellectual property (IP) to China, and the in-country transfer of American AI and AI IP in China. The bill would also ban AI research and development in conjunction with certain Chinese-affiliated entities.

Join the Insights Association for a day filled with expert-led presentations and case studies, candid panel discussions, and networking with peers who share your desire to optimize the latest AI tools, at AI: Ignite on October 21 in Los Angeles. Plus, IA’s lobbyist and a couple of lawyers will discuss the latest legal and regulatory challenges to AI in the insights space.

Census

A dozen U.S. business groups, led by the Insights Association warned Congressional leaders of the dangers from a provision in federal funding legislation that would “would crater response rates to all Census Bureau surveys and result in the decennial census and the American Community Survey (ACS) counting barely a third of the country,” while having “negative ripple effects across the U.S. economy” and particularly hurting rural areas and small population groups.

Human Resources

The Federal Trade Commission (FTC) under the Trump Administration still has a dog in the fight over noncompete agreements in employment contracts, even though it has withdrawn the Biden rule that would have prohibited most of them. In Congress, the Workforce Mobility Act of 2025 would ban most new noncompete agreements with employees and subcontractors. It would be enforced by federal and state agencies, but also by private lawsuits.

Meanwhile, the Trump Administration changed the stakes in the use of foreign workers under the H1-B visa program, requiring an extra $100,000 fee per petition.

Leading the Insights Industry Beyond Partisan Battles

Political parties can scream and froth all month long, but there’s only one association navigating U.S. politics and policy cutting through the noise to advocate for and protect the insights industry. Without the tireless support of our members and sponsors like you, the Insights Association would not be up to the task.

Our branding has been modernized, but we remain available as always to answer your questions on all of these and other legislative, regulatory and legal issues. Please just get in touch.

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.