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Marketing Systems Group

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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Marketing Systems Group

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  1. Southern California MRA Education Seminar Marketing Systems Group Privacy and Current Issues Presentation September 17, 2005

  2. 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

  3. Privacy and current legal issues • Do Not Call • HIPAA • COPPA • CAN-SPAM • Number Portability – Cell Phones

  4. 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

  5. Do Not Call Legislation

  6. 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

  7. 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

  8. HIPAA • “Health care operation” – quality improvement or assessment study • “research” – primary purpose is to obtain generalizable knowledge

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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.

  14. 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

  15. 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

  16. 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”

  17. 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”

  18. 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

  19. Meg Ryan Marketing Systems Group / Genesys Mryan@m-s-g.com 800.336.7674

  20. 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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