Fighting for You: May 2024 Legislative and Regulatory Update - Articles

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30May

Fighting for You: May 2024 Legislative and Regulatory Update

With summer almost upon us, the Insights Association focused this month on a new U.S. law prohibiting many data transfers to China and vaguely-Chinese-owned companies, federal minors’ privacy bills, more AI legislation, and how insights employers can comply with the new FTC rule banning non-compete agreements in employment contracts, among other policy issues.

Consumer privacy and data security

A new law prohibits some insights companies from sharing or selling some common market research and audience measurement data with the People’s Republic of China and three other countries, or any company based in, or under minimal control by, such countries. Compliance with the Act may be seriously challenging, so insights companies should figure out the requirements immediately.

Meanwhile, in California, the California Privacy Protection Agency (CPPA), the regulator/enforcer of state privacy laws and the data broker registry, is expanding the definition of a data broker, while the legislature considers a bill to require businesses receiving personal information as an asset as part of M&A or bankruptcy to comply with a consumer opt out from the transferor.

On the federal legislative front, while we’ve continued to work to improve a comprehensive privacy bill, we’ve also taken a look at privacy legislation targeted at kids and teens.

  • The Children and Teens Online Privacy Protection Act (COPPA 2.0) would dramatically expand the age-range and scope of the Children’s Online Privacy Protection Act (COPPA), which restricts the collection of data on children under the age of 13, to also cover teenagers.
  • The Verifying Kids’ Online Privacy Act would set the covered age of a child in COPPA at 16 instead of 13 years old, and require every online operator to verify people's ages.
  • The Protecting Kids on Social Media Act would require some major social media platforms to verify users’ ages and limit access by minors.

Artificial Intelligence

A group of U.S. Senators proposed a new framework for the federal government to approach potential “catastrophic risk” in artificial intelligence (AI) “with respect to biological, chemical, cyber, and nuclear weapons.”

At the state level:

  • California legislation would add a new definition of AI to state law.
  • A couple of New York bills would restrict AI used in decision-making, including decisions involving research subjects who receive any kind of incentives for participation in insights studies, while another pair would require warnings to consumers from generative AI systems about their potential for inaccuracies, including in the insights context.
  • Rhode Island legislation would require companies that develop or deploy high-risk AI systems to conduct impact assessments and adopt risk management programs.
  • The Connecticut State Senate passed legislation that would require risk avoidance planning and regular impact assessments by developers of high risk AI systems, disclosures to consumers interacting with AI-generated content, and other measures.

Human Resources

New regulations from the Federal Trade Commission (FTC) will prohibit most non-compete agreements in employment contracts, but the FTC took some moderating steps as sought by the Insights Association. IA provided members with details on compliance with the new FTC rule.

Your Support Makes the Difference

As you can see, May was another month of ups and downs for the insights industry on the public policy front. Absent the support from our members and sponsors, the Insights Association could never effectively meet the challenges and take advantage of the opportunities – all our revenue is invested back into the industry, especially in advocacy.

We remain available to answer your questions and concerns on legislative/regulatory/legal issues. Please keep in contact.

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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