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| Inside |
Top News -
State Update |
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CONSUMER/RESPONDENT CONTROL OF DATA, BECOMES AN INDUSTRY
THREAT
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By LaToya Deann Rembert Esq. CMOR Government
Affairs Analyst |
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State legislation is at an interesting
juxtaposition. States in session are still considering
and adopting legislation aimed at protecting privacy.
Other states, however, have begun the process of filing
new legislation for the upcoming 2005-2006 legislative
session (what we call “pre-filing”). As CMOR predicted,
the legislative focus remains on privacy. The impact is
so great, that legislation previously introduced in the
early months of 2005, are now being amended and adopted
at a rapid succession. More | |
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| THE HOME STRETCH:
CONGRESS AFTER AUGUST
RECESS |
| By Brian
Dautch, CMOR Director of Government
Affairs |
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Congress has been in recess throughout August and
will return after Labor Day. From then until the end of
the 2005 session, the House and Senate may complete some
of the bills CMOR has been monitoring and reviewing
throughout the year.
While Congress is officially slated to adjourn
for the year on Friday, September 30th, most observers
-- including many on Capitol Hill -- believe that
lawmakers will be in Washington past that date. This
possibility is due in part to the Senate’s need to pass
a number of appropriations (spending) bills, as well as
the Supreme Court confirmation hearings of Judge John
Roberts. Congress could remain on Capitol Hill as late
as Thanksgiving.
How does this impact us?
Spyware: The House of
Representatives has passed HR 29, a
bill that does not harm survey research. As originally
written, HR 29 would have included
“cookies,” a technology that often enables online
research and advertising, as part of its definition of
“spyware.” (For a more detailed definition, please see
the March 2005 newsletter, available to CMOR members on
http://www.cmor.org/.)
Significantly, HR 29 supersedes
any state-level laws or regulations pertaining to
similar activities, including spyware-related fraud,
deceptive conduct, etc. The preemption of state law is
an important step in any area of legislation, because it
allows researchers to follow a single federal standard
instead of a wide variety of diverse state laws.
After CMOR’s intensive lobbying and the lobbying
of other like-minded organizations, the House Energy and
Commerce Committee (which authored the legislation)
chose not to include cookies as part of its definition
of spyware.
Senate bill S.687 , a similar
measure, is still under consideration by the Senate
Commerce, Science, and Transportation Committee. While
this measure is still subject to amendments, we are not
concerned by its nature. S. 687
specifically states that it applies to software, and
that cookies are not software.
While other spyware-related bills have been
passed by one house of Congress or the other, these two
measures are expected to receive the broadest support.
Ideally, a conference of congressmen and senators would
reconcile the two bills, and the final version would be
sent to the White House for an authorizing signature.
Unlike HR 29,
S.687 would not supercede state laws or
requirements.
It
is unclear whether this process will continue to evolve
in 2005 or wait until 2006, but in either case the
situation looks promising.
Data Breach/Identity Theft:
Both the
House and Senate have been working hard to produce
legislation in response to several infringements of
Americans’ sensitive personal data. Such data has ranged
from social security numbers to credit card information,
and millions of Americans have been or can potentially
be affected.
It
was recently reported by Congress Daily (a Washington
political newsletter) that complaints of identity theft
more than doubled from 2002 to 2004, according to the
Federal Trade Commission. The article states that credit
card fraud accounted for 28 percent of these reports.
Phone utilities fraud and bank fraud weren’t far behind,
and employment fraud comprised a sizeable percentage as
well.
Our
concern was that one or more of these bills would
include the sort of personal information typically
collected by survey and marketing researchers, which is
rarely financial or highly sensitive in nature. We urged
both houses of Congress to regulate where the problems
actually lie—with the types fraud that are not
perpetuated by our profession.
We
are happy to report that legislative progress has been
just as we hoped--so far. Many of these bills are in
earlier stages than the spyware legislation mentioned
above, so it is difficult to predict what the final
product will be. However, the relevant bills are
targeted primarily toward “bad actors”— those who misuse
or fail to properly protect sensitive and/or financial
data — than toward “good actors” such as survey
researchers.
These are the two types of bills CMOR expects
Congress to revisit after Labor Day. Should other issues
arise, or should the spyware and/or data breach bills
take a surprising turn, CMOR will be monitoring, and
more importantly acting , in defense of the
opinion and marketing research profession.
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A privacy policy should explain how
personal information is stored and
protected.
To learn more, visit the Government Affairs
"members only" portion of the CMOR
Website! |
| CMOR ANNOUNCES NEW
DIRECTOR OF OPERATIONS, NEW WEB SITE, NEW
TAGLINE |
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BETHESDA, MD, September 6, 2005 - The
Council for Marketing and Opinion Research (CMOR) today named
Donna Gillin to the post of Director of Operations of CMOR.
Though Gillin has not been associated with CMOR for the past
year, her roots with the organization are deep, having
previously served in several capacities, including Legislative
Assistant, Research Counsel, and most recently Director of
Government Affairs of CMOR from 1994 though 2004. She is
considered the parent of privacy and government affairs for
the marketing and opinion research profession.
Click here to read the full press
release. |
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| CONTINUING OUR WORK
AND LOOKING TO THE FUTURE |
| By
Donna Gillin, CMOR Director of Operations |
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As the new
Director of Operations at CMOR, I am looking forward to
working with CMOR and industry members on issues related to
Government Affairs and Respondent Cooperation.
My history
with CMOR is a long one, beginning in 1994, when I started as
Legislative Assistant, monitoring and responding to
legislative issues on behalf of the industry. After graduating
law school, I returned to CMOR in 1997 as Research Counsel,
working on legislative, regulatory and respondent cooperation
issues, and was Director of Government Affairs from 1999
through 2004.
Although
the industry continues to be presented with challenges and
threats in the areas of respondent cooperation and government
affairs, CMOR continues our vital work on behalf of the
industry. I am excited to be returning to CMOR and heading up
these two important initiatives.
As part of
our efforts, we recently held Government Affairs and
Respondent Cooperation Workshops in Washington, DC. These
Workshops provided information on the atmosphere surrounding
survey research and imparted information and tools for
attendees to implement in their jobs and companies. Included
among the key presenters and presentations was a presentation
by Federal Trade Commission (FTC) staff member Keith
Fentonmiller, as well as a presentation of the new Interviewer
Training Modules, created jointly by CMOR and MRA.
At the
Workshops, we also unveiled our new tagline of "Shielding the
Profession," demonstrating to attendees what the profession
would be like if CMOR were not in place. We also announced the
launch of our newly designed website (http://mail.yahoo.com/config/login?/outbind://7/www.cmor.org).
The website will provide a greater scope of information, be
more user-friendly and be an even greater tool for our
members, including a new interactive “State Resource Map”
enabling survey research professionals to read about
legislative issues and initiatives on a state-by-state basis.
I am
excited about the opportunity this new position presents and
will work to make CMOR an ever stronger advocate and resource
for our members and the industry as a whole. We ask that you
help us continue our vital role by supporting CMOR and in
working with us on our important initiatives.
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"PROTECTING OUR
ASSETS" - RESPONDENT COOPERATION WORKSHOP 2005 IN WASHINGTON,
D.C.
By
Harry Heller, CMOR Director of Respondent
Cooperation |
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September
7th to 9th in Washington DC was the time and venue of this
year’s Respondent Cooperation Workshop. Over 160 attendees
representing all phases of Marketing Research and Opinion
Research met in the Hotel Washington, a stone’s throw from the
White House, to learn and advance the challenges to increasing
respondent cooperation.
This year,
the conference lasted three days, enabling CMOR to introduce
three new training modules – Avoidance Refusal Training,
Supervisor Communications Skills and Voice Training. A sample
training module of each was presented using the attendees as
trainees with Kathy Pihuj and Patricia Pruitt of Scarborough
Research as the trainers. All 23 training modules are
available from CMOR in CD for purchase.
The
Workshop also included sessions on:
- Issues
and techniques arising when interviewing Hispanics and
African Americans.
- Efforts
to increase cooperation in political polling during the 2004
elections
- Latest
trends and results in Avoidance Refusal Training (ART)
- How to
improve cooperation across all methodologies (mail, phone,
internet)
- What is
happening in sampling for: cell phones/portability,
address-based sample
- Ways to
market your company and industry to improve respondent
cooperation, including the CMOR Industry Identifier
- Supervisory Training in Telephone Interviewing
Centers
- A quick
review of past federal/state activities that affect research
The three
day Workshop concluded with a brainstorming session,
where attendees discussed the training information presented
during the Workshop. This information will be summarized and
presented to the attendees and posted on the website.
Response
to the conference was enthusiastic and positive throughout the
sessions. The Agenda Committee will be analyzing the sessions
and workshop evaluations, in order to plan another meaningful
and useful respondent cooperation workshop in 2006. Within the
next three months, the proceedings, brainstorming ideas, and
presentation material will be available for purchase on the
CMOR website, so look for that notice if you’re interested in
gaining some new insight into ways to increase cooperation in
the survey process.
We wish to thank the those CMOR and industry
members that assisted us in putting together this successful
event...
The Members of the Workshop Agenda
Committee:
Diane
Burkom, The Battelle Organization Nancy Hayslett, On-Line
Communications Harry
Heller, CMOR Robie
Sangster, Bureau of Labor Statistics Kathy Pilhuj, Scarborough
Research
And our
Sponsors:
- Battelle Centers for Public Health Research and
Evaluation
- Braun
Research, Inc.
- ComScore Networks
- Information Alliance
- Marketing Systems Group
- On-Line
Communications, Inc.
- Proctor
& Gamble Company
- Greenfield Online
- Scarborough Research
- Taylor
Research Inc.
- Voter
Consumer Research
- Western
Wats Center
- Schlesinger Associates
- Sharon
Mutter Field Sourced, Inc.
Click here to
learn more about the Respondent Cooperation
Workshop! |
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On
Tuesday, September 6th, CMOR held its Government
Affairs Workshop at the Hotel Washington in Washington,
DC. Virtually every area
of survey and market research was covered by both speakers and
attendees.
The Workshop began with a comprehensive federal
update by CMOR’s Director of Government Affairs, Brian Dautch,
followed by a presentation of the wide range of state level
issues by Government Affairs Analyst LaToya
Rembert.
The Workshop further included a “shotgun panel” of
speakers representing the entire
profession. Click
here to read the full article! |
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| Top
News (Cont'd from
top) |
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As part of
this onslaught, more states are concerning themselves with
issues such as identify theft. They are also seeking to
empower the public with control over their information and in
doing so, may trigger consequences for survey research
activities. Privacy, especially data privacy, remains a focus and
will, in all likelihood, re-emerge in upcoming legislation.
CMOR will continue to diligently monitor any developments in
privacy and all other areas that may impact the survey
research industry and be ready to take action to protect
survey research.
Privacy Legislative Action Continues, More
Consumer Control
As CMOR has mentioned in previous newsletters, states
are seeking to give consumers (and therefore respondents) more
control over their personal information. This trend is one
that will likely be adopted across the country. Although many
state privacy bills that have been enacted into law do not
have any current, direct implications for survey research, the
context and the theme remain a constant threat.
Consumer/respondent control over their personal data is
increasing. More importantly, the media and legislative focus
on identity theft and the need to protect personal information
continues. The widespread protection of privacy could have a
detrimental impact, including the non-disclosure of respondent
demographic information for fear that it represents personally
identifiable information. CMOR is watching the evolution of
privacy legislation and will be ready for action whenever it
is needed.
A sampling of these types of bills is included
below:
Pennsylvania has sought to take
significant action against the crime of identity theft. The
state has introduced two bills that provide an identity theft
database and allow victims to report identity
theft.
New York has adopted two bills related
to information and security. The first bill requires states
agencies and businesses to notify consumers if their personal
information is vulnerable to use by unauthorized persons. The
state has also adopted legislation to make technical changes
to the information security breach and notification act that
provides detail and clarity to certain provisions of the
act.
North Carolina has adopted the
Identity Theft Protection Act of 2005. The act allows a
consumer to obtain a security freeze on their credit report
and offers protection against business usage of social
security numbers, and provides that notice must be provided in
the event of a security breach.
Illinois has also adopted legislation
that provides certain exemptions to the state’s Freedom of
Information Act.
Florida has filed a consumer credit
report information bill that would allow consumers to place a
security freeze on their credit reports. CMOR will continue to
monitor and respond to legislative activity across the
country. If you would like further details about the
legislation mentioned in this article or other state
legislative please contact CMOR’s Government Affairs Analyst,
Toya Rembert, Esq. at 301.654.6602 or via email at lrembert@cmor.org.
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