Articles

30Sep

Fighting for You: September 2022 Legislative and Regulatory Update

Temperatures may be cooling as the calendar turns to autumn, but legislative issues are heating up as lawmakers get back to work following summer breaks. Here are some of the key issues we're engaged with at the national and state level on your behalf...

Consumer privacy and data security

IA continues to advocate for the best possible federal consumer data privacy law, in concert with Privacy for America, but the Congressional process appears to have slowed to a crawl after the House Energy & Commerce Committee passed a compromise bill (ADPPA) in July. Since then, the White House released their own data privacy principles, which seemed to support many tenets of the legislation, the Speaker of the House of Representatives recently threw cold water on the possibility of a floor vote. While there remains a chance at a compromise during the post-election lame duck session before the new Congress starts, it looks more like we are building toward more fruitful compromise in early 2023.

IA also analyzed other federal privacy bills, like the DELETE Act, which would require a centralized system for consumers to request the deletion of their data held by “data brokers,” and the Digital Platform Commission Act, which would set up an independent federal regulator for digital platforms (which may include insights companies/organizations). 

On other fronts, the National Institute of Standards and Technology (NIST) is seeking input on a draft risk management approach to artificial intelligence (AI) and draft guidance for data security compliance under the Health Insurance Portability and Accountability Act (HIPAA). Speaking of compliance, IA looked at a new law creating a HIPAA safe harbor for good data security practices.

Finally, both Indiana and Maryland recently updated/expanded their data security breach notification laws.

Human Resources

  • New Jersey legislation would require full compensation during the enforced period of an employment non-compete agreement and such agreements could last for a maximum of 1 year and would need to be geographically limited.

  • Washington State has a law coming into effect this fall requiring the inclusion of salary ranges in job postings.

  • In Congress, the Restoring Workers’ Rights Act would prevent employers from using non-compete agreements in many employment contracts.

Telephone

  • A new law in effect in Vermont added civil and criminal penalties at the state level for violations of the federal Telephone Consumer Protection Act (TCPA) .

  • Washington State’s new Do Not Call Law has a specific exemption for research calls.

  • The Michigan Telephone Solicitation Act would, among many provisions, prevent telephone polling calls to households on the national Do Not Call registry if made by or on behalf of a political organization, and add an extra layer of penalties for any TCPA violations in calls to Michigan numbers.

  • A bill in Congress would expand the definition of an autodialer under TCPA and broaden the impact on telephone research calls and text messages.

  • Legislation in Massachusetts would restrict callers’ use of local area codes.

Census

The Insights Association, in concert with our coalition allies, is urging Congress to help address "the many challenges and opportunities facing the U.S. Census Bureau" by providing at least $1.505 billion in funding in Fiscal Year 2023 (FY23). While we support a lot more funding -- $2 billion was our ask earlier this year -- the House of Representatives seems to have set the ceiling.

Alcohol Market Research

A new law in California makes minor clarifications to the requirements for and restrictions on alcohol market research which IA presumes will be helpful to the insights industry.

Next Steps for the Insights Industry

As the general election nears, the Insights Association is still meeting with policymakers (and candidates) to advocate for the insights industry on these and other important public policy issues across the U.S. This would NOT be possible without YOUR membership and sponsorship!

We are always available to answer your questions on these and other legislative/regulatory/legal issues. Please stay in contact.

Finally, IA company/department members are welcome at our next General Counsel and Privacy Officer Forum on November 4, for candid discussion with peers and experts of legal, privacy, data security and compliance issues facing your insights organization. Participation in these off-the-record forums is a complimentary privilege exclusive to company and department members of IA.

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

Howard Fienberg

Howard Fienberg

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.

Related

Will Lame Duck Congress Advance a Kids Privacy Bill?

Will Lame Duck Congress Advance a Kids Privacy Bill?

​​​​​​​Senate Commerce Committee Chair Maria Cantwell is pushing to pass a pair of bills aime...

Read More >
Fighting for You: November 2022 Legislative and Regulatory Update

Fighting for You: November 2022 Legislative and Regulatory Update

With American Thanksgiving now in the rearview mirror, let’s look back at the biggest challenges th...

Read More >
CPRA Regulations Nearly Complete as Insights Association Makes Final Recommendations

CPRA Regulations Nearly Complete as Insights Association Makes Final Recommendations

The leading trade association for the insights industry shared in its final thoughts with California...

Read More >
Congress Should Drive Federal Privacy Regulation, Not FTC, Urge Data-Driven Industry Groups

Congress Should Drive Federal Privacy Regulation, Not FTC, Urge Data-Driven Industry Groups

The Insights Association (IA) and a dozen other data-driven industry groups called upon Congress to ...

Read More >
New York City New Wage Transparency Law Now in Effect

New York City New Wage Transparency Law Now in Effect

A new law took effect in New York City on November 1, 2022, requiring disclosure of pay scales in jo...

Read More >
California 2022 Privacy Legislation Round-up: Wins, Losses and New Laws

California 2022 Privacy Legislation Round-up: Wins, Losses and New Laws

​​​​​​​As usual, we’ve had some wins in California as legislators have tried to amend the Ca...

Read More >
Members only Article - Please login to view