The insights industry began the first month of 2025 with an eye on a comprehensive federal privacy law, the potential organizing of research subjects into labor unions, legal guidance on artificial intelligence in Oregon, and how insights firms should respond to legal subpoenas for research-related information.
Consumer privacy and data security
The Insights Association celebrated Data Privacy Day by calling once again for a comprehensive U.S. consumer data privacy law to protect consumers, as well as market research and analytics.
In a letter from the U.S. Chamber of Commerce, the Insights Association and 36 other leading business trade groups to the leadership of the Senate Commerce Committee and House Energy & Commerce Committee on January 28, 2025, the groups called for "legislative action needed for a comprehensive national privacy law" and pointed out common principles which would underpin successful legislation.
At the state level, the New Jersey Division of Consumer Affairs released a set of Frequently Asked Questions (FAQs) to provide further guidance to companies on compliance with the New Jersey Data Privacy Act, which came into effect on January 15.
Research subjects = independent contractors
IA weighed in on a new policy statement from the Federal Trade Commission (FTC) which encourages organizing of independent contractors into labor unions, just like employees, and would include research subjects who receive any form of incentive for participating in market research studies.
Artificial Intelligence
The Oregon Attorney General released guidance for companies on how the state’s "Unlawful Trade Practices Act, Consumer Privacy Act, and Equality Act, among others, all have roles to play” in regulating and restricting artificial intelligence (AI).
Miscellaneous
When your insights firm gets subpoenaed for documents and data, how should you respond? What should you do about your clients’ and research subjects’ information? And how can you prepare for and anticipate related legal issues?
IA's outside counsel, Stuart Pardau, has provided a comprehensive guide for insights companies on how to handle third-party document production requests.
Always in Your Corner
In the face of all these opportunities and threats, on these issues and many others, the insights industry only has one organization fighting for it across the U.S. However, the Insights Association couldn’t keep up that fight without the membership and support of insights industry leaders like you.
We remain available to answer your questions on these and other legislative/regulatory/legal issues – just drop us a line.
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.