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

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31Oct

Fighting for You: October 2024 Legislative and Regulatory Update

Spooky season is here, but thanks to the Insights Association the insights industry had the upper hand on the legislative and legal ghouls and goblins in October as we tackled bills and laws on privacy, data security, artificial intelligence, and more.

You’ll find a particularly California-heavy focus in this month’s newsletter, since we hit the end of the state’s legislative session (and the governor’s window to sign or veto bills). Fortunately, the insights industry had more wins than losses in California in 2024. In our year-end update on California, you’ll find a comprehensive survey of the new laws, the bills vetoed, and other bills that were defeated or died on the vine.

Privacy and data security

The Insights Association welcomed a comprehensive federal privacy bill in 2024 that recognized the unique importance of market research and audience measurement from the get-go. IA helped to win improvements to the legislation as it advanced, but the bill ultimately foundered. It is time to recount what happened, why, and what comes next.

The biggest reason we’re campaigning for a federal privacy law is the ever-growing mess of conflicting state comprehensive privacy laws. Another one, the New Jersey Data Privacy Act, comes into effect on January 15, 2025.

Pending legislation in New Jersey would provide an affirmative defense against data breach lawsuits for anyone abiding by the right cybersecurity programs and standards, including ISO 27001, similar to existing laws in Connecticut, Iowa, Ohio, and Utah.

Meanwhile, in California, we covered some new privacy-related laws, including:

Thankfully, the governor vetoed legislation opposed by the Insights Association that would have required opt in consent for using, disclosing, selling or sharing personal information of anyone under 18 years old, and undermined the “actual knowledge” standard.

Artificial Intelligence

A few AI bills in California went down in flames this year:

  • The governor vetoed the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, which would have required developers of "frontier" AI models to take extensive precautionary measures and allow for third-party testing. It would also have held developers liable for severe harms potentially caused by any use of their AI models or derivations of them.
  • Another bill opposed by IA that would have prohibited developers from using the sensitive personal information of minors under the age of 18 to train AI systems or services, died at the end of the legislative session.
  • Legislation opposed by the Insights Association which would have restricted automated decision-making technology for employment purposes, died at the end of the legislative session.

However, the Golden State still approved a rash of new AI laws:

And finally, we covered a new law in Illinois that restricts the use of artificial intelligence for potential discrimination in employment and hiring.

Census

The American Community Survey Choice Act (ACS Choice Act) would remove the penalties for failing to respond to the ACS.

Research subjects = independent contractors

A new California law, the Freelance Worker Protection Act, adds paperwork requirements and extensive liability for companies working with independent contractors who provide them “professional services.” It does not include research subjects.

More treats than tricks for the insights industry

The Insights Association is always searching for treats in legislation, regulation and law while trying to defuse the tricks that could pose a threat to the insights industry. Even so, we are only as good as our members and sponsors. Your support is what makes us effective against the ghosts and monsters at this time of year, raises our industry’s profile and respect, and helps you to deliver value to your clients, customers and stakeholders.

As ever, we are available to answer your questions on legislative/regulatory/legal issues, so make sure that you keep in contact.

Lastly, for counsels and privacy, data security, and compliance staff out there, make sure not to miss the next General Counsel & Privacy Officer Forum on November 22, a benefit exclusive to Insights Association company and department members.

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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