As 2026 got underway, high-stakes battles extended beyond the football field as the Insights Association's advocacy blitz deployed on a fast-moving play-action package of federal and state privacy legislation (some helpful, some terribly harmful), emerging AI regulation, census funding and policy battles, and more. We’re highlighting where IA is shaping legislation and regulation to champion the insights industry at a critical moment on the policy calendar.
Privacy and Data Security
A trio of important federal bills on children’s and teen’s privacy and data security are advancing in the Congress. Where does IA stand regarding them?
- Supporting: The Children and Teens' Online Privacy Protection Act (COPPA 2.0), legislation that would expand the age-range and scope of the Children’s Online Privacy Protection Act (COPPA), which restricts the collection of data on children under the age of 13, to also cover teenagers, recently passed a House subcommittee. Its Senate variant passed the Senate Commerce Committee this past summer.
- Opposing: The Don’t Sell Kids’ Data Act (H.R. 6392), which would generally prohibit the collection, use or sale of personal data on minors under age 18 by entities who did not collect it directly from that minor, passed a House subcommittee. It would be enforced via private lawsuits.
- Neutral: An amended version of the Kids Online Safety Act (KOSA), which would impose new safety, design, disclosure, and auditing obligations on large, for-profit online platforms that knowingly interact with minors under age 17, recently passed a House subcommittee.
IA also tackled a trio of concerning state privacy bills in January:
- Legislation in Virginia would require some insights companies to annually register as data brokers, pay a $100,000 annual fee, and implement and maintain complex information security programs. It would be enforced by private lawsuits.
- The Florida Driver Privacy Act would prohibit the sale or sharing of motor vehicle records and related data by the state to foreign adversary countries (and people and companies located in such countries), or to "third party companies," which may include insights companies.
- The Mississippi Consumer Data Privacy Act is comprehensive state privacy legislation that would be enforced by private litigation.
Artificial Intelligence
The National Institute of Standards and Technology (NIST) is seeking stakeholder input on agentic AI and its secure development and deployment, and the Insights Association seeks our members’ input to inform IA’s response.
We also looked this month at legislation in Washington state that would mostly restrict artificial intelligence systems involved in decision-making unrelated to insights work.
Census
A compromise Fiscal Year 2026 (FY26) funding package, including money for the Census Bureau, would stave off another government shutdown, was signed into law on January 23, 2026. In an important win, the “minibus” bill excluded a provision opposed by IA that would have been detrimental to the decennial census and American Community Survey (ACS).
IA also looked at three recent Congressional bills impacting the census:
- The Statistical Agency Integrity and Independence Act, legislation proposed in response to the President’s firing of Bureau of Labor Statistics (BLS) Commissioner Erika McEntarfer in summer 2025, would restrict the President’s ability to fire the heads of the Census Bureau, BLS, National Center for Education Statistics, and Bureau of Justice Statistics, and severely limit the White House’s power and authority over them;
- The MACA Act would add a question on the census about dual citizenship; and
- The One Citizen, One Seat Act would require the U.S. Commerce Secretary to "revise the tabulation of total population by States for the 2020 decennial census... to include only individuals who are citizens of the United States."
Research Subjects = Independent Contractors
A recent court decision in New Jersey illustrates the challenges posed to classifying research subjects in the state as independent contractors instead of employees when they receive any kind of incentive.
A Goal Line Defense for the Insights Industry
As the nation’s attention turns toward the upcoming Super Bowl, know that IA will continue to take the field in defense of the Insights industry long after the Patriots and Seahawks battle next weekend. Enjoy the game (and/or the commercials)!
As always, if you ever have a question about these and other legislative/regulatory/legal issues, please contact 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.