The heat was rising on legislative, regulatory and compliance issues for the insights industry in June, as the Insights Association focused on: federal privacy legislation; pending compliance hurdles as new state and federal laws took effect; a new AI law in Colorado; and a federal bill that would require tax withholding for research subjects receiving participant incentives.
Consumer privacy and data security
The Insights Association continued to battle in June for improvements to comprehensive federal privacy legislation, the American Privacy Rights Act (APRA), as it advanced out of a House subcommittee. They made a bunch of changes, including some requested by, and favorable to, the insights industry, but much more work remains ahead. With yet more changes recently made, the bill is scheduled for a full committee vote on June 27.
At the same time, that subcommittee also approved the Kids Online Safety Act (KOSA), legislation that would restrict the design and operations of many for-profit online platforms if they knowingly interact with minors 16 years of age or younger.
Meanwhile, in California, we’re working on more issues, including:
Finally, on the compliance front:
- A recently-passed federal law just took effect, prohibiting some insights companies from sharing or selling some common market research and audience measurement data with the People’s Republic of China, Russia, North Korea, and Iran, or any company based in, or under even minimal control by, such countries. Compliance will be much more difficult than people think.
- Time is also running out for insights companies to come into compliance with new comprehensive privacy laws in Oregon and Texas, and kids privacy provisions in Connecticut. In other states, it is already past time.
- In advance of the Texas law taking effect, the state attorney general (AG) launched a new privacy enforcement team.
Artificial Intelligence
- A new law in Colorado will require disclosure to consumers when they are interacting with artificial intelligence (AI), along with a rash of new requirements for high-risk AI systems, including a duty of care regarding their development and deployment. https://www.insightsassociation.org/News/Articles/ArticleID/1334/New-AI-Law-in-Colorado-S-B-205
- The Creating Resources for Every American To Experiment with Artificial Intelligence Act (CREATE AI Act) would create a National Artificial Intelligence Research Resource. It recently passed the Senate Commerce Committee.
- A quartet of U.S. senators recently released a policy plan to help boost action on AI in the Senate.
Research subjects = independent contractors
New federal legislation, the Gig Is Up Act, would potentially require bigger insights companies/departments to withhold federal taxes for their research subjects in receipt of incentives.
Championing the insights industry
While the heat is on the insights industry, the Insights Association remains on guard as your only advocate across the United States. Without your full membership and support, of course, none of that advocacy would be possible. We remain available to answer your questions and concerns on legislative, regulatory, and legal issues impacting our industry. Please keep in touch.
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
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.