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Southern California MRA Education Seminar. Marketing Systems Group. Privacy and Current Issues. Presentation September 17, 2005. Survey Research and Privacy Issues. Code of Ethic – industry associations, MRA, CASRO, AAPOR, etc have a code of ethics. Protecting client data

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Southern California MRA

Education Seminar

Marketing Systems Group

Privacy and Current Issues

Presentation

September 17, 2005


Survey Research and Privacy Issues

  • Code of Ethic – industry associations, MRA, CASRO, AAPOR, etc have a code of ethics.

  • Protecting client data

  • Protecting respondent identity


Privacy and current legal issues

  • Do Not Call

  • HIPAA

  • COPPA

  • CAN-SPAM

  • Number Portability – Cell Phones


Do Not Call

  • Telephone Consumer Protection Act (TCPA)

  • 66 million numbers nationally (net)

  • Research Calls are implicitly exempt

  • DNC differs demographically from non-DNC households

    • More affluent, home owners, more likely to be married, lower proportion of minorities, older, higher educational attainment

  • Some studies have shown DNC are more responsive


Do Not Call Legislation


Do Not Call Legislation

  • National RDD Sample, approximately 500,000 pieces

  • Extensive Call-Rule

  • Waves prior to, and a few months after National List implementation


HIPAA

  • Health Insurance Portability and Accountability Act of 1996 (HIPAA)

  • Privacy Rule – April 2003

  • PHI – protected health information

  • Covered Entity – health plans, health care clearing houses and health care providers

  • Researchers not covered entities, unless also a health care provider


HIPAA

  • “Health care operation” – quality improvement or assessment study

  • “research” – primary purpose is to obtain generalizable knowledge


HIPAA

  • “research” use of PHI data

  • Obtain Authorization

  • De-identified data sets

    • Remove all 18 identifiers

  • Limited data sets

    • May include address other than street address or PO box

  • IRB or Privacy Board waiver


COPPA

  • Children’s On-Line Privacy Protection Act

  • Effective April 21, 2000

  • Applies to web sites and services directed to children (under 13)

  • Rules to follow for adherence


COPPA

  • Posted Privacy Policy

  • Verifiable Parental Consent

  • Opt in and Opt out regarding usage by web site, service, third party disclosure

  • Parental access to information, can delete information or discontinue further collection or use.

  • Collection of information pertains to the activity

  • Confidentiality, security and integrity maintained


CAN-SPAM

  • CAN-SPAM Act of 2003 establishes requirements for those who send commercial email

    • No false or misleading headers – To and From must be accurate and identify person sending email

    • Prohibits deceptive subject lines

    • Opt –out option required

    • Identify if an advertisement


Number Portability and Cell Phones

  • TCPA – Telephone Consumer Protection Act

    • All Calls (including Survey Research Calls) made with out the express consent of the called party, made using an automatic telephone dialing device, to a cellular telephone, where the called party is charged for the call ARE PROHIBITED.

  • Telecommunications Act of 1996

    • Number portability

      • Landline to landline portability introduced in 1998

      • Landline to wireless portability introduced in November 2003 in top 100 metro markets. In May 2004, rest of US.


Wireless Numbers - Sampling Frames

  • Database Creation

    • Telecordia Information

      • Identifies mixed-use and dedicated NPA-NXXs and thousand series blocks

  • Sample Screening

    • NeuStar (ported Database)

    • Telephony Detection (Genesys)

Southern California MRA – Educational Seminar – September 2005


Wireless Numbers - NeuStar

  • Database of numbers ported from wire-line to wireless use.

    • June 14, 2004 – 398,409 records

    • July 29, 2004 – 626,131 records

    • November 16, 2004 – 1,014,569 records

    • September 15, 2005 – 1,990,433 records

  • Became commercially available May 2004

  • Available from NeuStar and also from suppliers who are registered to act as distributors of the database – end user must still register with NeuStar and pay annual fee


Wireless Numbers – NeuStar

  • Database updated daily

  • ALL parties who receive / use samples that have been flagged or purged must be registered – this includes research companies, call centers, subcontractors.

  • Will still miss some wireless numbers

    • Timing issues

    • Call forwarding

    • Some unique telecommunication “arrangements”


Wireless Numbers - Telephony

  • LNP data available from telephone network directly

  • Essentially the same data as the Database solution

  • Incorporated into conventional sample screening

  • No need for data subscription, registration, or annual license

  • Can be employed “real-time”

  • Suffers from the same minor “exceptions”


Wireless Numbers – Conclusion

  • Options available for TCPA compliance

  • Identifying in current samples

  • Future Challenge: Sampling in the future

  • Ethical issues – good practices

    • Safety issues

    • Data issues


Meg Ryan

Marketing Systems Group / Genesys

[email protected]

800.336.7674


Reference

  • http://privacyruleandresearch.nih.gov/healthservicesprivacy.asp

  • http://www.coppa.org/comply.htm

  • http://www.casro.org/codeofstandards.cfm#respond

  • http://www.nielsenmedia.com/cellphonesummit/statements.html


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