As summer wound down, the legal, legislative and regulatory issues facing the insights industry continued to wind up, with a ton of new privacy laws, regulations and court cases across the U.S., new laws and legal challenges for artificial intelligence in the insights context, President Trump calling out the decennial census, and more rules and compliance guidance for accessibility online. Let's dive in...
Privacy and Data Security
- A federal judge in California has cleared the way for a major privacy lawsuit against LiveRamp Holdings, Inc. to proceed, rejecting most of the company’s efforts to have the case thrown out. What are the details of this case and what does it mean for the insights industry?
- Recent amendments to Texas’ data broker registry law add to data broker’s notice requirements and clarify the definition of a data broker.
- California’s privacy regulator adopted a slew of new regulations on July 24, 2025, including specific requirements for cybersecurity audits, privacy impact assessments, and automated decisionmaking technology (which includes some automation used with research subjects who receive incentives for participation).
- A new Nebraska law precludes private entities from liability in class action lawsuits for data security breaches, unless the breach was caused by the private entity’s “willful, wanton, or gross negligence.”
- Oklahoma amended the state’s Security Breach Notification Act requiring the prompt disclosure of data breaches to affected individuals.
- Oregon recently amended the state’s 2023 comprehensive privacy law to apply to automotive manufacturers and their affiliates that control or process any personal data collected from a consumer’s use of a motor vehicle or its components.
- The Federal Trade Commission (FTC) released security guidance concerning multiple facets of digital business of interest to the insights industry.
- The European Union (EU) General Data Protection Board has data protection guidance specifically for small businesses. The guidance outlines the requirements for the General Data Protection Regulation (GDPR) and provides examples of these requirements in practice.
- A new law in New Mexico restricts state government agencies from disclosing sensitive demographic data, but its restrictions on disclosing motor vehicle-related information provides an exception for market research and statistical purposes.
- The Texas Attorney General (AG) has detailed major actions taken by his office to enforce the Texas Data Privacy and Security Act, providing useful compliance information for insights companies and organizations covered by the law.
Artificial Intelligence
At a summit coinciding with the release of the White House’s new action plan for artificial intelligence (AI) on July 23, 2025, U.S. President Donald Trump made waves with a comment on an issue mostly ignored in that plan -- intellectual property (IP).
According to the President, “Of course, you can’t copy or plagiarize an article, but if you read an article and learn from it, we have to allow AI to use that pool of knowledge without going through the complexity of contract negotiations, of which there would be thousands for every time we use AI.”
If reflected in federal policy, what would Trump’s copyright policy mean for training of AI models, and the IP rights for questionnaires, research, and other content in the insights industry?
Meanwhile, a new law, the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), prohibits intentionally using AI systems for unlawful manipulation or discrimination.
Also, new California rules expand existing state anti-discrimination rules regarding employment to include discrimination using AI.
Outside of the courthouse and legal space, IA looked at pending legislation in the states in August, including:
- Colorado, where the legislature was called into a special session partially to consider reforms to the state’s existing AI law as requested by the governor, with four different bills on the possible agenda;
- New York, where the RAISE Act, awaiting delivery to the governor for signature, would obligate large AI developers to create a protocol for managing the potential of their AI system causing high-casualty/high-cost;
- Michigan, where a bill would require developers to conduct assessments of their AI systems’ risk of facilitating high-damage/high-cost events like massive cyberattacks or illegal activity; and
- Iowa, where a bill would set a variety of requirements for and restrictions on high-risk artificial intelligence systems.
Join the Insights Association for a day filled with expert-led presentations and case studies, candid panel discussions, and networking with peers who share your desire to optimize the latest AI tools, at AI: Ignite on October 21 in Los Angeles.
Census
The Insights Association responded to President Donald Trump’s call for “a new and highly accurate census” by urging the White House to fully fund the 2030 Census.
In other census news, some new legislation would make response to the American Community Survey (ACS) voluntary, crippling response rates and making the resulting data on much of the country inaccurate.
Accessibility
A Department of Justice (DOJ) rule requires government digital content to comply with the Americans with Disabilities Act (ADA). While the ADA’s silence on digital content in the private sector, combined with inconsistent court rulings, leaves uncertainty as to whether private businesses’ web content needs to be ADA-compliant, and what such compliance would entail, the DOJ has provided guidance that can be helpful.
The ADA requires that “places of public accommodation”—a category courts often extend to websites—be accessible to people with disabilities. Absent formal DOJ technical standards for web accessibility, most companies rely on the Web Content Accessibility Guidelines (WCAG), especially WCAG 2.1 AA, which courts often use to assess compliance. Practically, businesses should aim to meet these criteria, though true accessibility is more than a checklist.
Human Resources
A new law in Virginia bans a “covenant not to compete” for low-wage employees beginning July 1, 2025. Pre-existing non-compete agreements are not affected.
Meanwhile, an Ohio bill would ban non-compete agreements for all employees, including independent contractors.
Continuing support for the insights industry
The Insights Association can only help the insights industry rise to the challenge of these and other policy issues across the U.S. because of the fantastic support we receive from all of our members and sponsors. YOU provide the resources we need to defend and advance the whole insights industry.
IA is here to answer your questions on these and other legislative, regulatory and legal issues. Please just get 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.