In May, the Insights Association advanced advocacy on federal privacy legislation, pushed back against restrictive state and federal AI proposals, defended the future of the census, and rallied support for landmark California taste testing research legislation, all while helping members navigate an increasingly complex compliance landscape.
But first, with respondent participation rates falling across the insights industry, legal and privacy functions are increasingly being blamed. However, legal protections are not the enemy. The real challenge lies in designing legal frameworks that are proportionate, clear, and enforceable — without turning participation into an obstacle course. Stuart Pardau, outside counsel to the Insights Association, examines the key legal issues at play, including how to diagnose the real sources of drop-off, why simplicity is a legal strategy, how jurisdictional differences shape consent requirements, and what a practical, defensible respondent-facing legal architecture actually looks like.
Privacy and Data Security
The Securing and Establishing Consumer Uniform Rights and Enforcement over Data Act (SECURE Data Act), comprehensive federal privacy legislation supported by IA, would establish a single national framework to replace the current state law patchwork, strengthen consumer protections, and preserve the role of market research, insights, and analytics in informed decision-making. IA and our friends are building momentum for the bill around the nation's capital.
The GUARD Financial Data Act, legislation intended to strengthen consumer data privacy and security in the financial sector, may significantly impact insights companies and organizations in that sector.
At the state level:
Artificial Intelligence
A California bill that would prohibit the use of personal information provided by any research subjects (if they received an incentive for participation) for purposes of training AI systems or tools, or building synthetic data, personas or respondents, has only one more step before the Assembly floor.
A North Carolina bill would require chatbots or generative AI dealing with health data to be licensed and rigidly regulated, including a chatbot or generative AI system in a market research context.
The U.S. Senate Commerce Committee recently amended the GUARD Act, but it could still pose a hassle for the insights industry’s use of AI chatbots.
The White House recently issued a "comprehensive national legislative framework" addressing "the most pressing policy topics that AI presents," building upon President Trump’s 2025 executive order on artificial intelligence.
Census
Appropriations for the U.S. Census Bureau for Fiscal Year 2027 (FY27) started with a suitable budget request from the Trump Administration, but the House of Representatives has so far proposed flat-funding the agency at a crucial state of the 2030 Census ramp-up while threatening to tank response rates for all census surveys via a recurring legislative proposal.
Meanwhile, the Ensuring Full Participation in the Census Act would prohibit citizenship and immigration questions on the questionnaire for the decennial headcount.
Taste Testing
California A.B. 1991, legislation that would specifically authorize alcohol taste testing market research in the state, following years of unofficial guidance and vague legal status, has passed the state Assembly and awaits action in the Senate.
That is why the Insights Association endorsed the bill and encourages insights professionals to use the IA Action Center to contact their California State Senators in support of the bill.
We Can’t Do It Without You
The Insights Association can only make the case for the insights industry on these and other important public policy issues across the U.S. with YOUR membership and support.
In a world of turmoil, IA’s members and sponsors provide the resources necessary to defend and advance the whole industry.
And please remember that now, your direct outreach to policymakers via IA’s Action Center can more forcefully move the needle in our industry’s direction.
We remain available to answer your questions on these and other legislative/regulatory/legal issues. Please stay 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.
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.