Summer may be winding down, but public policy disputes impacting the insights industry continued apace in August, including: new state privacy laws; new laws and guidance on artificial intelligence; and a key court decision on non-compete agreements in employment contracts. The Insights Association also managed a win on kids’ privacy legislation in the U.S. Senate and led the charge against a legislative proposal that would ruin the decennial Census and the American Community Survey (ACS).
Privacy and Data Security
IA covered three new comprehensive state privacy laws this month:
- Montana, taking effect October 1, 2024;
- New Hampshire, coming into effect on January 1, 2025; and
- Delaware, also taking effect January 1, 2025.
We also analyzed a new law expanding privacy requirements for covered companies dealing with kids under the age of 13 under the Virginia Consumer Data Protection Act (VCDPA). It limits processing of kids’ data, expands impact assessment requirements, and limits collecting geolocation data on kids.
At the federal level,
Artificial Intelligence
The EU AI Act: New European Union (EU) regulations for artificial intelligence (AI) came into effect on August 1, 2024, with various staggered compliance deadlines for different kinds of AI models and systems in different contexts. As with the General Data Protection Regulation (GDPR), a company or organization need not have any physical presence in the EU to be impacted or covered by the EU AI Act.
Legal & compliance guidance: The FTC, the insights industry’s primary U.S. regulator, recently offered guidance to companies developing and deploying AI-powered chatbots. A regulator in Singapore, meanwhile, offered guidance on synthetic data generation that may also be helpful to the insights industry.
Legislation/regulation: Another federal agency recently suggested policies for “embracing openness” in AI “while calling for active monitoring of risks in powerful AI models.
IA also reviewed more Congressional legislation on AI in August, including:
- the AI CONSENT Act, which would require express prior consent from a consumer for their data to be used or shared in training an AI system, along with various disclosures;
- the PREPARED for AI Act, which would try to enable safe, responsible, and agile procurement, development, and use of AI by the federal government; and
- the VET AI Act, which would require the development of “voluntary guidelines and specifications for internal and external assurances of artificial intelligence systems.”
Census
Fifteen business groups, led by the Insights Association, warned U.S. House of Representatives leaders of the dangers from a provision in federal funding legislation that would “would crater response rates to all Census Bureau surveys and result in the decennial census and the American Community Survey (ACS) counting barely a third of the country,” while having “negative ripple effects across the U.S. economy.”
Human Resources
A federal judge just struck down the new Federal Trade Commission (FTC) ban on non-compete agreements in employment contracts, right before the regulation was set to take effect.
The agency is still urging robust compliance, and state laws restricting non-competes remain in effect.
Your Support is Essential
The Insights Association can only make the case for the insights industry on these and other important public policy issues across the U.S. with YOUR membership and sponsorship (company and department memberships especially).
Our team is always available to answer your questions on legislative/regulatory/legal issues, so please keep in contact with us. And have a happy Labor Day!
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.