Privacy legislation and regulation kicked into gear during February at the state and federal level. The feds are proposing to prohibit all non-compete agreements, and changes are on the table for Kentucky’s new tax on insights services. That is just a taste of what’s been happening this past month in advocacy impacting the insights industry.
Consumer Privacy and Data Security
In advance of a March 1 hearing at the U.S. House Subcommittee on Innovation, Data, And Commerce Subcommittee on a national data privacy standard, the Insights Association highlighted key points for the Members of Congress to consider, including: (1) market research should be allowed to function; (2) Congress should set a national privacy standard; and (3) the Privacy for America framework provides a model approach for legislation.
Earlier in February, draft financial data privacy legislation was in line for consideration by the House Financial Services Committee; Privacy for America offered some recommendations for improving it.
Meanwhile, at the state level:
- An internet industry association sued to enjoin and invalidate a broad new California minors privacy law, calling it a "clumsy attempt to regulate online speech that threatens children's privacy and safety, steamrolls the First Amendment, and conflicts with federal law."
- With Colorado’s new comprehensive privacy law coming into effect later this summer, the Insights Association called for clarifications in the proposed rules to aid compliance by the insights industry.
- The Maryland Online and Biometric Data Privacy Act, comprehensive privacy legislation based on CPRA and enforced by the state Attorney General, came up for a hearing in the General Assembly, and IA offered testimony.
- The Texas Data Privacy and Security Act, comprehensive privacy legislation modeled on Virginia’s recent law, is building up steam.
- Washington is considering legislation which would require registration by “data brokers,” including many insights companies.
Finally, IA continues to consider the correct approach for the insights industry to self-regulate the collection, maintenance and sharing of sensitive location data, and could use members' input.
Human Resources
Following a series of legal actions against companies, the Federal Trade Commission (FTC) recently proposed a broad rule to prohibit all non-compete restrictions on all workers, potentially restricting even NDAs and NSAs.
Tax
The Kentucky legislature is considering a bill to carve out “marketing services” from the state’s new 6% sales tax on most services (including insights services).
Rousing Support for the Insights Industry
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.
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.