This month, the Insights Association is dealing with new privacy legislation in more states, addressing more data tax problems, advocating for additional census funding, and making significant progress in efforts to improve California A.B. 2257.
The insights industry scored important legislative victories in the last month for pharmaceutical MR in Pennsylvania, data security in Utah, and more COVID-19 small business loans and grants at the federal level and in California. At the same time, we’re staring down lots of problematic legislation, including a new comprehensive data privacy law in Virginia and a complex excise tax on data collection in New York. Meanwhile, advocacy continues on issues like: California A.B. 2257; worrisome legislation in Congress that would allow for the unionization of research subjects; limitations on coronavirus-related exposure liability; the census; and restrictions on exit polling.
Virginia Governor Ralph Northam (D) signed comprehensive privacy legislation, the Virginia Consumer Data Protection Act (CDPA), into law on March 2, 2021. The new law emulates aspects of the California Consumer Privacy Act (CCPA) and the EU General Data Protection Regulation (GDPR).
February may have the fewest days, but this month certainly is not short on legislative activity pertinent to the insights community, including comprehensive privacy bills, data security legislation, new taxes on the industry, liability limitation for COVID-19-related exposure, new leadership to oversee the census, and new rules for determining independent contractor status. Changes are also in the works for California A.B. 2257.
The European Data Protection Supervisor (EDPS) released a report on the European Union's data protection strategy for the next four years, regarding the General Data Protection Regulation (GDPR) and other issues.
The Insights Association and ten other data-focused trade associations have come out in opposition to California Proposition 24, calling it "a premature and ill-timed overhaul of California’s privacy law."
August is normally quiet in Washington, DC, but in keeping with the theme of 2020, this month has been more frenetic. While we beat back new taxes on the insights industry, the Insights Association has had to tangle with the demise of the U.S.-EU Privacy Shield for data transfer, further pandemic relief, some new threats to pharma MR, the finalization of CCPA, and an attempt to rush the 2020 Census that threatens the statistical viability of most marketing research and data analytics in the U.S.
Not five years ago, the European Court of Justice struck down the Safe Harbor, the primary legal vehicle for transatlantic data transfers. Now, the court appears to have done the same to its replacement, the U.S.-EU Privacy Shield.
To “fuel… breakthrough innovations” in the fight against COVID-19, the Republican ranking member on the House Energy & Commerce Committee says that Congress needs to “build and keep consumer trust” by taking action on “a national data privacy standard.”