Privacy
Data Privacy
Congress - Congress - Rep. Bobby L. Rush (D-IL 01) introduced H.R. 5777, "The Best Practices Act," a comprehensive federal data privacy bill.

CA - S.B. 1268, introduced by Sen. S. Joseph Simitian (D-11), has passed the Senate and Assembly and awaits the Governor's signature to become law. This legislation would prohibit a transportation agency from selling or providing personally identifiable information of a person obtained pursuant to the person's participation in an electronic toll collection system or use of a toll facility. S.B. 1268 would also require identifiable information unrelated to transactions to be deleted within six months of collection. This could limit the ability of collecting toll data for research purposes. S.B. 1628 was last covered in the July Legislative Update.

CA - S.B. 1476, introduced by Sen. Alex Padilla (D-20), has passed the Senate and the Assembly and awaits the Governor's signature to become law. This bill would prohibit an electric or gas corporation from sharing, disclosing or otherwise making accessible to any third party a customer's electrical or gas consumption data. However, a local publicly owned electric utility may still disclose customers' aggregate electrical consumption data for analysis, reporting or program management if all information has been removed regarding the individual identity of a customer. S.B. 1476 might limit the usefulness of energy consumption data for research purposes. S.B. 1476 was last covered in the July Legislative Update.

Telemarketing/Sales/Non-Research Activities
Do Not Call
NY - A.B. 8839, sponsored by Assembly Member Audrey I. Pheffer (D-23) was passed into law as Chapter No. 344. This new law, strictly focused on telemarketing, restricts calling hours, adds automatic dialing announcing devices (ADAD) calls for telemarketing purposes to the telemarketing regulations, and punishes negative option telemarketing. This law should have minimal impact on bona fide survey and opinion research.

Impersonation Online
CA
- S.B. 1411, introduced by Sen. S. Joseph Simitian (D-11), has passed the Senate and the House, and awaits the Governor's signature into law. This legislation would require that any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means, as specified, for purposes of harming, intimidating, threatening or defrauding another person is guilty of a misdemeanor. The bill would, in addition to the specified criminal penalties, authorize a person who suffers damage or loss to bring a civil action against any person who violates that provision. This legislation, last covered in the July Legislative Update, should have minimal impact on bona fide survey and opinion research.

Spyware
PA - Representative Karen Boback (R-117) introduced H.B. 3, the "Consumer Protection Against Spyware on Wireless Devices Act," which would require that, "no person shall cause spyware to be installed or downloaded onto a wireless communication device without the express consent of the authorized user." It would also prohibit using misrepresentation or deception to cause the same. There are various exceptions for legitimate activities of wireless carriers and law enforcements. Since bona fide survey and opinion research does not use or encourage spyware, this legislation should have minimal impact on the research profession.