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

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

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

Page 2: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 3: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

Privacy and current legal issuesPrivacy and current legal issues

Do Not Call HIPAA COPPA CAN-SPAM Number Portability – Cell Phones

Page 4: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 5: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 6: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 7: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 8: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

HIPAAHIPAA

“Health care operation” – quality improvement or assessment study

“research” – primary purpose is to obtain generalizable knowledge

Page 9: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 10: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 11: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 12: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 13: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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.

Page 14: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 15: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 16: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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”

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

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”

Page 18: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

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

Page 19: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current Issues

Meg RyanMarketing Systems Group /

[email protected]

800.336.7674

Page 20: Marketing Systems Group Southern California MRA Education Seminar Presentation September 17, 2005 Privacy and Current 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