Sen. Wicker Urges National Privacy Law
Even “while the benefits of data are immense,” the risks are high, too, warned Senate Commerce Committee Ranking Member Roger Wicker (R-MS) as he argued for a national privacy law.
Even “while the benefits of data are immense,” the risks are high, too, warned Senate Commerce Committee Ranking Member Roger Wicker (R-MS) as he argued for a national privacy law.
The U.S. Supreme Court has clarified the definition of an autodialer in the Telephone Consumer Protection Act (TCPA). The case, in which the Insights Association had joined an amicus brief, potentially clears up decades of convoluted and conflicting rules and decisions from the Federal Communications Commission (FCC) and various courts that have tied legitimate actors in knots and fueled a deluge of class action litigation.
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.
While the COVID-19 crisis “caused massive disruptions to the decennial census, which the Census Bureau is still trying to clean up… it also laid the groundwork for massive changes to the way the federal government looks at data.”
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).
The Pennsylvania Pharmaceutical Manufacturing Prohibited Gifts Act (H.B. 593) includes an amendment recommended by the Insights Association that would protect bona fide marketing research with health care professionals.
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.
While the Insights Association was unable to get legislation passed before the end of 2020 to extend th
According to a report from the Irish Data Protection Commissioner, “data controllers” should “regularly audit their holdings of personal data and the procedures they have in place to protect this data.”
"Businesses expose themselves and their customers to heightened risk when they share sensitive data with firms located" in the People's Republic of China, "or use equipment and software developed by firms with an ownership nexus in the PRC, as well as with firms that have PRC citizens in key leadership and security-focused roles," especially for "data service providers and data infrastructure,” according to a new business advisory from the U.S. Department of Homeland Security.
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The 2019 IA Code of Standards and Ethics for Marketing Research and Data Analytics may be found here.
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