Marketing Systems Marketing Systems GroupGroup
Southern California MRA Southern California MRA Education SeminarEducation Seminar
Presentation
September 17, 2005
Privacy and Current Privacy and Current IssuesIssues
Survey Research and Survey Research and Privacy IssuesPrivacy 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 issuesPrivacy and current legal issues
Do Not Call HIPAA COPPA CAN-SPAM Number Portability – Cell Phones
Do Not CallDo 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 LegislationDo Not Call LegislationDemographics DNC "Y" DNC "N"
Single Family Home 79.7% 68.6%Own Home 83.6% 65.7%Married 63.4% 48.7%
Employed Full-Time 51.2% 51.0%HH Income Greater than $35 k 68.9% 48.7%Race: White - (Not Hispanic) 83.9% 69.5%Education: College Grad 35.2% 21.5%Average age 49.7 45.4
Product Usage
Own Digital TV? 8.4% 6.0%PC in Home? 72.7% 55.9%Access to Internet? 65.6% 45.8%
PDA in Home? 15.9% 12.0%Cable Sub? 67.8% 62.8%Video Cam in Home? 37.7% 31.6%
DVD Player in home? 36.3% 31.1%Number cell phones in home 1.2 1.0
Do Not Call LegislationDo Not Call Legislation
National RDD Sample, approximately 500,000 pieces
Extensive Call-Rule Waves prior to, and a few months after National
List implementation
Final Disposition Non DNC DNC HH Non DNC DNC HHComplete 45.60% 51.40% 49.90% 57.20%Refusal 33.70% 30.60% 35.30% 31.70%Respondent Never Available 0.90% 0.90% 0.60% 0.50%Res. Answering Machine 17.90% 16.10% 12.60% 9.30%Language Barrier 0.50% 0.10% 0.40% 0.10%Unknown Eligibility 1.40% 0.90% 1.10% 1.10%
First Quarter 2003 First Quarter 2004
HIPAAHIPAA
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
HIPAAHIPAA
“Health care operation” – quality improvement or assessment study
“research” – primary purpose is to obtain generalizable knowledge
HIPAAHIPAA “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
COPPACOPPA
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
COPPACOPPA 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-SPAMCAN-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 Number Portability and Cell PhonesPhones
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 Wireless Numbers - Sampling FramesFrames 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 - NeuStarWireless 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 – NeuStarWireless 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 - Wireless Numbers - Telephony 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 – Wireless Numbers – ConclusionConclusion
Options available for TCPA compliance
Identifying in current samples Future Challenge: Sampling in the
future Ethical issues – good practices
• Safety issues• Data issues
Reference 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/stateme
nts.html