In July, the Insights Association lamented more new state privacy laws while issuing helpful CCPA compliance information for members; welcomed an important data security protection in Connecticut; endorsed a new nominee to run the Census Bureau; and continued to advance a fix to the 2020 California law requiring a minimum wage for research subjects.

Consumer Privacy & Data Security

Headlining the month was the unfortunate news of another comprehensive state privacy law, this time the Colorado Privacy Act, signed into law on July 7, giving the U.S. insights industry a third comprehensive state privacy law with which to comply. It comes on top of the new Virginia Consumer Data Protection Act (CDPA), on which it was based (but with which it is NOT interoperable), and the California Consumer Privacy Act (CCPA).

Speaking of CCPA, it turns out compliance with California’s law is no easy feat. Last week, the California Attorney General issued an enforcement update recapping key CCPA compliance points and enforcement trends over the past year and released a new online tool for reporting violations.

IA also recently shared some FAQs to help members understand the important nuances around the “business” and “service provider” definitions in CCPA, which can significantly affect how you approach compliance in certain scenarios. Another concerning new law came into effect in New York City. Enforced by privacy lawsuits, it requires signage notifying consumers about biometric data collection at commercial establishments and, more importantly, prohibits the sale of biometric data.

Meanwhile, a draft consumer data privacy law to be considered by the U.S. Uniform Law Commission would allow for private lawsuits against potential privacy violators. As explained in a letter sent by the Insights Association and 44 other business groups, the proposed Uniform Personal Data Protection Act “discourages uniformity through its enforcement provisions,” and would only add to the increasingly fractured state privacy law landscape.

On the positive side, the Insights Association notched a useful victory in Connecticut with passage of a new law we endorsed that prohibits punitive damages in data breach tort litigation if a breached company abides by proper data security standards, like ISO 27001.

And at the federal level, House and Senate Republican leaders were urging the Biden Administration “to work with Congress to enact a nationwide consumer data privacy law” (like that put forward by the Insights Association with Privacy for America), and new legislation was introduced to require notice of cybersecurity intrusions (or potential ones) within 24 hours to the Homeland Security Department.

Census

IA appeared on State of Play, a Black News Channel program, to discuss the importance of the 2020 Census to consumers and businesses, and weighed in with the Senate Homeland Security and Governmental Affairs Committee in support of the new nominee to head the U.S. Census Bureau, Robert Santos, who comes from the insights industry, in advance of his nomination hearing.

Research Subjects = Independent Contractors

The California Senate Labor, Public Employment and Retirement Committee approved A.B. 1561, legislation that would fix the recent California law (A.B. 2257) requiring prorated hourly minimum wages for California research subjects who receive incentives, by a 5-0 vote on July 12. The bill, with language proposed and endorsed by the Insights Association, had previously passed the Assembly Appropriations Committee on May 19, 2021, and then the full Assembly on May 27. IA hopes to help this bill through the Senate Appropriations Committee, the full Senate, and get it signed into law this fall.

We continue to be aided in this campaign by our A.B. 2257 advocacy working group: MaterialPlus.io, Vital Findings, Quadrant Strategies, Full Circle Research, Branded Research, Precision Sample, MarketVision, Public Opinion Strategies, Dynata, Rybbon, Prodege, Schlesinger Group, Lucid, Nielsen and UserTesting.

Other donors supporting us include Rare Patient Voice, Olivetree Insights, Fifth Element Associates, Q-Catalytics, Veridata Insights, Clarion Research, Bauman Research & Consulting, WestGroup, Harmon Research Group, Global Market Research Group, Armature Group, Charter Oak Field Services, Information Specialists Group, SurveyHealthcare / InCrowd, Beall Group, FUEL, Voccii, Connected Research and Joe Ottaviani.

Please remember that, to ensure the Insights Association’s best chances of success, we launched a separate round of fundraising that still needs your donations. All donors will be recognized in our updates, and donors of $2,500 or more will join our A.B. 2257 advocacy working group.

Other Issues

Across a variety of other policy fronts:

  • Missouri brought another IA victory as the governor signed a new IA-endorsed law limiting liability for COVID-19-related exposure except in cases of recklessness or intentional misconduct;
  • A recent court decision from the 11th Circuit reversed a prior circuit court ruling that websites are “public accommodations” under the Americans with Disabilities Act (ADA), but another from the 9th Circuit went in the other direction, leaving insights companies in a tough spot when approaching whether and how to make their online presence accessible for people with disabilities; and
  • A new law in Florida provides severe penalties via private lawsuits for excessive calls to Florida residents, but it only applies to telemarketers.

Your Insights Association Membership is Critical

The Insights Association is ever-thankful for your continued membership and support -- it underpins our defense and advancement of the insights industry, since IA revenues support advocacy like we have discussed above, and other ventures in support of the industry. We are always available to answer your questions on these and other legislative/regulatory/legal issues. With summer in full swelter, we hope you stay cool, involved, legally compliant, and prosperous.

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.