Articles

28Feb

First 2023 Hearing on Comprehensive Federal Privacy Legislation

The leading trade association for the insights industry is urging a key Congressional committee "to craft a preemptive national privacy law."

Howard Fienberg, Senior VP Advocacy for the Insights Association, commented that, "With five conflicting state laws coming into effect this year, the time is now for a federal privacy law conducive to insights work and protective of consumers."

In advance of a hearing March 1, 2023 at the U.S. House Energy & Commerce Committee's Innovation, Data, And Commerce Subcommittee on a national data privacy standard, the Insights Association highlighted three key points for the Members of Congress to consider:

"Market research needs to be permitted to function." IA urged the subcommittee to "not unnecessarily restrict companies and organizations from using data to better the products, services and ideas they offer to consumers or conduct research on the markets for their offerings (and public policies). Innovation and developments in products, services and ideas work to benefit consumers and citizens."
"Congress should set a national privacy standard, not the Federal Trade Commission (FTC)." Regulating the data-driven modern economy, IA said, "should be a matter left to the democratically-accountable legislative branch. Agencies like the FTC should act only when directly instructed to do so by Congress through specific authorities contained in legislation. A national standard for data collection and processing should be set at the federal level, through the clear authority granted by the American people and the Constitution in Congress."
"The Privacy for America Framework provides a model approach for privacy legislation." IA urged the subcommittee to "look to the Privacy for America Principles of Privacy Legislation as an example of how to strike an appropriate balance for national data standards. The Framework would designate certain uses of personal information to be reasonable and others to be per se unreasonable (and thus prohibited). The Framework prioritizes consumer protection while still preserving beneficial uses of data and access to a vibrant online ecosystem."

The subcommittee hearing starts the 2023 federal debate on a preemptive comprehensive consumer privacy law.

-- IA's letter to House Subcommittee (2/27/23)

About the Author

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.