Fighting for You: January 2023 Legislative and Regulatory Update - Articles

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31Jan

Fighting for You: January 2023 Legislative and Regulatory Update

As America readies for the grand finale of another football season, we are just beginning our year-long campaign of advocacy across the country, focused so far on privacy legislation at the state and federal level, proposed taxes on insights companies, new HR laws, and potential restrictions on exit polling. Let's dive in...

Consumer privacy and data security

Only a month into the year, and the Insights Association has needed to wade into more comprehensive state privacy legislative debates, including:

  • The Kentucky Consumer Data Protection Act, comprehensive consumer data privacy legislation modeled on new laws approved in other states the last couple of years, but adding some private litigation and missing protections for audience measurement; and
  • The Oklahoma Computer Data Privacy Act, comprehensive privacy legislation with some similarities to other recent laws, but with a particularly problematic opt in for the sale of data.

Elsewhere in the states:

  • Oregon H.B. 2052 would require some insights companies, particularly sample providers, to register as “data brokers” in the state.
  • Virginia H.B. 1688 and S.B. 1026 would amend Virginia’s new comprehensive privacy law to require parental consent for data regarding anyone under the age of 18.
  • New Jersey A. 4919, legislation modeled on the new minors privacy law in California (the California Age Appropriate Design Code Act), would restrict the creation of goods, services or product features likely to be accessed by anyone under 18 and restrict collection or use of their data, but would mainly target social media platforms.

Meanwhile, at the federal level:

Tax

Revived legislation in New York, S. 1845, would impose a five percent tax on gross income of every corporation which derives income from the data New Yorkers share with them. It would penalize most of the insights industry.

Human resources

Following similar new laws in Washington, California and New York City, the state of New York has a new law on the books requiring the disclosure of compensation, or the range of compensation, to applicants and employees in job postings or at an employee’s request.

Exit polling

Reintroduced legislation in Nebraska, L.B. 514, would restrict exit polling or opinion polling of users of a “secure ballot drop-box.”

A Goal Line Defense for the Insights Industry

The Insights Association is the only organization fighting for you on these issues, and more, across the U.S., but we couldn’t do anything without the membership and support of insights industry leaders like you.

We remain available to answer your questions on these and other legislative/regulatory/legal issues – just reach out to 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

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.

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