As summer gives way to fall, U.S. policymakers are giving the insights industry plenty to keep an eye on. This month, the Insights Association backed a new California law clarifying the legality of alcohol taste-testing research, pushed back against proposed changes to the 2030 Census and delays in critical census data, supported legislation to curb abusive privacy lawsuits, and tracked a fresh wave of state privacy and artificial intelligence proposals affecting insights businesses across the country.
Taste Testing Research
A new law in California, supported by the Insights Association, specifically authorizes alcohol taste testing market research, following years of unofficial guidance and vague legal status.
Census
The U.S. Census Bureau just proposed to eliminate race and ethnicity questions from the 2030 Census, a move vigorously opposed by the Insights Association for its detrimental impact on the insights industry and the broader business world. The proposal also includes changes to rules for counting immigrants and others.
IA has a 1-page position paper on the issue.
Insights professionals can use the IA Action Center to be matched with their Representatives and Senators to quickly tell them to oppose this regulatory proposal.
Meanwhile, the Census Bureau announced an indefinite delay in the release of American Community Survey (ACS) data, which also poses a severe threat to the ability of the market research, insights and analytics industry to deliver statistically representative and reliable insights. The Insights Association joined with 106 other groups raising these concerns with the U.S. Commerce Secretary.
Privacy and Data Security
California S.B. 690, legislation supported by the Insights Association to stop some of the abusive California Invasion of Privacy Act (CIPA) lawsuits against insights companies, passed the state assembly and senate and awaits the governor’s signature into law. California insights professionals can use the IA Action Center to tell the governor to sign this bill.
Also, insights professionals in Massachusetts can easily be matched with their legislators in the IA Action Center and encourage them to iron out the differences between competing privacy bills S. 2619 and H. 5479 in our industry’s favor.
Beyond the legislative jockeying, IA covered a rash of new privacy laws in the states this month, including:
- A new amendment to the Kentucky Consumer Data Protection Act requires consumer consent to collect “automatic content recognition data” from a smart television, which will impact some approaches to audience measurement.
- Maryland updated some definitions in its comprehensive state privacy law while clarifying restrictions on sharing data for immigration enforcement purposes.
- A new Oregon law requires data brokers to certify that, if receiving personally identifiable information from state or local government entities, it will not be sold or shared for federal immigration purposes.
- Virginia now bans controllers under the state’s comprehensive consumer privacy law from selling precise geolocation data.
Artificial Intelligence
Insights professionals in North Carolina can use the IA Action Center to help combat S. 963, a bill that would require a chatbot or generative AI that “deals substantially with health information” to be licensed and rigidly regulated as if it were a doctor, including a chatbot or generative AI system in an insights context (such as AI interviewing or focus group moderating).
Make Your Voice Heard
Have you checked out the new IA Action Center? It makes it easy to put the voice of the insights community in front of policymakers.
We’ve done the work for you -- explaining the issues and preparing messages you can send in minutes:
- Enter your name and address to connect with your elected officials.
- Review a ready-to-send message (or personalize it).
- Click send, and your message goes directly to your legislators.
Don’t sit out the conversation. Make your voice count now.
Autumn Arrives and Advocacy Continues
It isn’t easy to stay abreast of the legislative, regulatory & legal threats to your work, but the Insights Association is here to help the insights industry find opportunities to grow and thrive, and we could not do it without the great support of our members and sponsors.
As ever, we are available to answer your questions and concerns on legislative, regulatory, legal and ethical 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.