As leaves accumulated and election season reached a crescendo, the Insights Association welcomed the advancement of a helpful kids’ privacy bill in Congress, dug into yet more new state privacy laws, advocated on census funding and policy concerns, and feasted on other policy issues of interest to the insights industry.
Privacy and data security
At the federal level this month, a pair of bills focused on minors’ privacy – including the Kids Online Safety Act (KOSA), supported by the Insights Association – passed a key House committee, following full Senate passage this past summer.
We also looked into another Senate bill, the Data Protection Act, this month. It is a comprehensive privacy bill that would create a new independent federal Data Protection Agency to regulate supposedly high-risk data practices and restrict the collection, processing and sharing of personal information.
Meanwhile, at the state level:
- The Nebraska Data Privacy Act, the state’s new comprehensive state privacy law modeled on current Texas law, takes effect January 1, 2025. It is time for insights companies to figure out compliance (and to note the thresholds for being covered by the law, which differ from most of the other state laws, and that nonprofits are covered by Nebraska.)
- On November 8, 2024, the California Privacy Protection Agency (CPPA) adopted new rules for the state data broker registry, expanding who counts as a data broker. Insights companies should closely scrutinize the new scope before it becomes effective on January 1, 2025. Of course, the agency also took the opportunity to dramatically hike the annual fee for registrants.
- The Maryland Age-Appropriate Design Code Act (AKA, the Maryland Kids Code) came into effect on October 1, 2024, broadly restricting how businesses collect and process the data of children under the age of 18 online and requiring them to design products/services in the “best interests of children.”
Finally, IA released a revised set of Frequently Asked Questions (FAQs) on collecting and handling race, ethnicity, sex and other kinds of sensitive data.
Artificial Intelligence
Pennsylvania is considering legislation that would create a registry of businesses operating artificial intelligence (AI) systems in the state.
Census
The Census Bureau is operating under a continuing funding resolution until December 20, 2024. No clear fix is in sight to finalize appropriations for the Bureau for Fiscal Year 2025 (which began on October 1) and the funding outlook for next year may be grim.
Further on census policy issues this month:
- A new bill would require the Census Bureau to conduct a special census of U.S. “insular areas” (the Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin Islands) every five years, since they still receive the old census long form every ten years (instead of the ACS). IA is endorsing this legislation.
- The American Confidence in Elections Act (ACE Act) would establish a new Congressionally-appointed Census Monitoring Board, as well as a wide variety of redistricting, election and voting law changes.
- The Equal Representation Act, legislation that would institute a citizenship question on the decennial census and require apportionment of congressional district to be based on only counts of citizens, passed the House of Representatives in May. Its Senate counterpart was introduced, and the sponsor tried to add it as an amendment to appropriations legislation in March.
Giving thanks to the insights industry, for the insights industry
Friends and families are preparing to gather for Thanksgiving, so it only makes sense for us at the Insights Association to give proper thanks to you, our members and sponsors in the insights industry, that power our advocacy.
Without your support (and a top lobbyist in the U.S. capitol), IA could not be effective at defending our industry from policy threats and grabbing hold of opportunities to deliver value to your clients, customers and stakeholders.
We remain available to address your questions and concerns on legislative, regulatory and legal issues, so please keep in touch. And have a great Thanksgiving!
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.
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.