The dog days of summer brought no slowdown in legislative and regulatory activity affecting the insights industry. In August, the Insights Association confronted fraudulent polling masquerading as research, opposed a reported proposal to eliminate race and ethnicity data from the 2030 Census, pushed for funding flexibility for the Census Bureau, and examined state and federal requirements involving consumer privacy, children’s and seniors’ data, and conversational artificial intelligence.
Polling Integrity
IA responded to a scandal about fake polling this month by calling for vigilance and transparency. A self-described polling firm admitted it distributed fake data on recent state primary elections that was then widely cited by national media, deceived the public, and possibly skewed election results. “What happened with Median Strategies wasn’t research; it was fabrication dressed up to look like research,” commented Anita Watkins, CEO of the Insights Association.
Census
The Insights Association called on the U.S. Commerce Department to reject a reported proposal to strip race and ethnicity questions from the 2030 Census. If enacted, it would mark the first time since 1790 that the decennial count has not captured this data, a change that would "hobble" the insights industry's work and bring "significant costs and huge risk" for the many other sectors that depend on the industry’s output for informed decision-making.
IA also joined 60 groups urging the Trump Administration to fulfill the President’s “demonstrated commitment to a strong FY 2027 budget for the U.S. Census Bureau” by requesting an “anomaly” in any upcoming continuing resolution to fund the government. The Senate acted upon IA’s recommendation, but we await Congress’ return from August recess to see if both sides of Capitol Hill can come to agreement.
Privacy and Data Security
- Louisiana has a new consumer state privacy law providing the usual consumer rights and business responsibilities and includes a carveout for pseudonymous data that is important for our industry. The law will be enforced by the state Attorney General and offers a temporary right to cure.
- A recent revision to New Hampshire’s comprehensive state privacy law will outright prohibit controllers from selling a child’s personal data.
Artificial Intelligence
IA covered a pair of new state laws restricting chatbots and other conversational AI:
- Colorado’s new law requires disclosures, and safety protocols for dealing with suicidal ideation and self-harm, from insights chatbots and other conversational consumer-facing AI, with extra requirements for minors; and
- Hawaii’s Artificial Intelligence Disclosure and Safety Act requires disclosures and safety protocols from some insights chatbots.
Meanwhile, at the federal level, the Youth AI Privacy Act passed committee in the Senate. The legislation would prohibit insights data collection via chatbot from anyone under age 18 and restrict the use of minors’ data for AI training, among other provisions.
The Senior Chatbot Protection Act is also under consideration. The bill would restrict the use of seniors’ data to train AI systems, as well as the collection, use or sharing of such data from/through chatbot conversations
Finally, in response to a draft policy statement on AI accuracy, Privacy for America urged the Federal Trade Commission (FTC) to provide clarity, avoid regulatory overreach, recognize context and preserve American leadership in AI.
August Recess, No Recess for Advocacy
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 support.
As this month’s developments demonstrate, threats and opportunities for the industry can emerge anywhere -- from Congress and federal agencies to state legislatures across the country. IA’s members and sponsors provide the resources necessary to defend and advance the whole industry.
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.