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

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.  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.a sp http://privacyruleandresearch.nih.gov/healthservicesprivacy.a sp  http://www.coppa.org/comply.htm http://www.coppa.org/comply.htm  http://www.casro.org/codeofstandards.cfm#respond http://www.casro.org/codeofstandards.cfm#respond  http://www.nielsenmedia.com/cellphonesummit/statements. html http://www.nielsenmedia.com/cellphonesummit/statements. html