In between all the raking of leaves, the Insights Association continued its vigorous advocacy on the most pressing legislative and regulatory issues shaping the U.S. insights industry, from evolving state privacy frameworks to emerging artificial intelligence restrictions and even challenges to the census. November’s update highlights where IA is pushing back, pushing forward, and protecting your ability to conduct responsible, effective research.
Privacy and Data Security
IA dealt with a pair of comprehensive state privacy bills this month: the Massachusetts Information Privacy and Security Act, modeled mostly on failed federal privacy legislation from 2022; and the Massachusetts Data Privacy Act, mostly based on Maryland’s stringent law.
Another pair of privacy bills were killed in California:
- Legislation further restricting the use of neural data, by cracking down on emerging technologies; and
- Legislation opposed by IA that would have created an extra (and more restrictive) layer of data privacy and security requirements on insights data from and interactions with research subjects (who receive incentives), above and beyond CCPA/CPRA, and enforceable by private litigation.
Most importantly, we analyzed the Kentucky Consumer Data Protection Act (KCDPA), the state’s comprehensive privacy law, which will take effect at the beginning of 2026. It provides the usual range of consumer rights, with a key carveout for pseudonymous data. KCDPA is enforced by the state Attorney General (AG), and allows a 30-day right to cure violations.
Meanwhile, the Stop Foreign Governments from Accessing Californians Sensitive Personal Information Act, legislation that would restrict the maintenance of personal information outside of the U.S. or by foreign governments or entities owned or controlled by them, will carry over to the 2026 legislative session.
Finally, another California bill, supported by IA to stop abusive California Invasion of Privacy Act (CIPA) lawsuits against insights companies, will carry over to the 2026 legislative session.
Artificial Intelligence
IA analyzed a recent New York law that requires safety protocols and transparency notice to users from “companion” chatbots and similar AI interfaces, which may apply to a lot of tools in the insights industry. Separately, the law also includes notice requirements for prices potentially set by algorithms.
The No Robo Bosses Act, California legislation aiming to restrict the use of AI-like automated decision-making systems with “workers”, but opposed by the Insights Association because it could have restricted the use of AI in interactions with research subjects, was vetoed by the governor.
IA also shared concerns about the Guidelines for User Age-verification and Responsible Dialogue Act (GUARD Act), federal legislation that would require transparency from AI chatbots, age verification of all chatbot users, and prohibition of access to AI companion chatbots by anyone under the age of 18.
Census
While IA advocates for a better-resourced 2030 Census and American Community Survey (ACS), the federal government shutdown and continued funding battles have left a lot in limbo. The Census Bureau was flat funded in Fiscal Year 2025 (FY25), which was a better outcome than the cuts Congress had planned. IA has helped lead the charge for increased funding in FY26.
Meanwhile, a pair of bills in Congress echoed President Trump’s confusing call for a new census:
- The Making American Elections Great Again Act would require a new headcount of the population right away, with the addition of a citizenship question, while rescheduling the recurring decennial census data accordingly, among other provisions; and
- The Correct the Count Act would authorize a new census of only U.S. citizens, facilitated by a citizenship question on that new census.
In Gratitude for You
With Thanksgiving coming next week, it is only appropriate that we give thanks to you, the members and sponsors of the Insights Association. Without you, we could not advocate for and defend the U.S. insights industry.
We are here to answer your questions on these and other legislative/regulatory/legal issues. Please stay in contact with us.
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.
About the Author
Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS).
Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers.
Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS.
He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals.
Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC).
When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.