As 2025 ended, the Insights Association reflected on a year of sustained advocacy victories and ongoing challenges across consumer privacy, data security, artificial intelligence, taxation, and more policy issues directly affecting the insights industry. This final Fighting for You update of the year highlights where we successfully held the line, where new risks are emerging, and how your support positions us to continue the fight in 2026.
The Insights Association answered 108 queries from members in 2025, and had 206 engagements with policymakers, legislative staff and government agencies.
California
As the year wrapped up in Sacramento, we saw more wins than losses again for the insights industry, as the Insights Association successfully pushed back on 15 particularly harmful California proposals. We also tracked several significant new laws that will shape privacy, data security, and AI practices going forward, and the final disposition on other related legislation.
Further, new state regulations came into effect on January 1, 2026 for cybersecurity audits, privacy impact assessments, and automated decisionmaking technology (which includes some automation used with research subjects who receive incentives for participation).
Finally, over the past two years, hundreds of California companies (including insights companies) have been sued under the California Invasion of Privacy Act (CIPA), which was originally intended to stop telephone wiretapping. Plaintiffs’ lawyers have argued that ordinary online tools — web analytics, session replay, tracking pixels, or customer-chat functions — “intercept” communications with users without consent.
Privacy and Data Security
The state privacy landscape saw wins for the insights industry, including bills defeated or delayed in 17 states, but plenty of challenges, too. Perhaps the biggest positive of 2025 was preventing enaction of any new state comprehensive privacy laws.
However, there were changes and expansions to several existing laws:
Pre-existing state privacy laws took effect on January 1 in Indiana, Kentucky, and Rhode Island. While the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA), coming into effect on January 1, 2026, offers the usual range of consumer privacy rights and requirements, it has some confusing terminology choices, and a specific wrinkle in demands for privacy disclosures to consumers that may cause trouble for insights companies.
IA welcomed a recent law in Texas giving small and medium-sized businesses a safe harbor from liability for data security breaches if they have a cybersecurity program that conforms to standards like ISO 27001, the payment card industry standards, or the requirements of HIPAA or the Gramm Leach Bliley Act.
On the federal legislative front, we also weighed in on the Stop Profiling Youth and Kids Act (SPY Kids Act), legislation that would prohibit market research regarding children (and restrict it for teens) on/by certain online platforms and services.
Finally, IA covered comprehensive privacy legislation on the legislative agendas in Michigan, Wisconsin, and Georgia.
Artificial Intelligence
This year featured more than a few new state laws impacting the insights industry’s use of artificial intelligence (AI). We also faced off with a ton of other AI legislation across the country in 2025, and had some important state wins. The landscape keeps expanding, with disclosure and notice requirements, safety protocols, copyright issues, and regulation of chatbots, automated decision-making technology, pricing algorithms, and frontier AI, just scratching the surface.
In contravention of a lot of states’ actions, President Trump signed a new executive order (EO) on artificial intelligence (AI), aiming to preempt state laws and regulations on multiple fronts that may impact the insights industry in the U.S.
That has not slowed down activity, however:
Tax
It was another challenging year for tax legislation targeting the insights industry. The Insights Association managed to help defeat or hold off efforts in four states -- Maryland, Nebraska, New Jersey and Washington -- although Washington did unfortunately enact a new tax on some ad measurement.
On that front, one of the last tax bills with which we tangled in 2025 was a bill IA opposed in New Jersey that would levy a monthly excise tax on consumer data collection.
Research Subjects = Independent Contractors
The House Education and Workforce Committee recently approved a pair of bills that would be problematic for classifying research subjects as independent contractors when they receive any kind of incentive, instead of classifying them as employees of an insights company or organization.
Your support fuels our charge into the new year
The Insights Association resolves to continue to deliver the defense and advocacy that the insights industry needs and deserves in 2026.
Your support -- the support of all our members and sponsors -- got us through a cold and grey December, and we will need it again this year. IA remains the ONLY association fighting for you on all these issues (and more) across the U.S.
We are always available to answer your questions on these and other legislative/regulatory/legal issues – just reach out to 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.