Updating the code

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The Market Research Society (MRS) adopted its first self-regulatory code in 1954, with the current version of its Code of Conduct coming into effect on 1 September 2014.

The code, regulations and associated disciplinary procedures – supported by a suite of guidance documents – apply to individual members, accredited company partners and those retained by them. The code was created to support those engaged in research and insight in maintaining professional standards. It originally covered practitioners’ activities from inception to design and from execution to the use of data in research.

To recognise the expanding role of practitioners, beyond research, the code was updated to cover all professional activities undertaken by members and company partners.

The code is technology and methodology neutral; it sets out overarching ethical principles supported by rules of conduct. Drawn up by practitioners for practitioners, the code helps to protect suppliers, clients and participants, and safeguards standards, promotes confidence and champions professionalism.

Why is the code reviewed regularly?

MRS is committed to keeping the code under regular review to ensure it continues to be fit for purpose in setting high standards for best practice in the research sector. Revisions have been made to reflect evolving ethical best practice and recent significant changes in the data protection framework. The changes also seek to ensure that the code keeps pace with the speed and progress of technological development and data use.

MRS conducted a code consultation earlier this year, with individual members, accredited company partners and other interested stakeholders, on major changes to the code.

What are the key changes to the code?

The content of the code – including the principles, definitions and rules – have all been reviewed thoroughly and revised to reflect national and international developments in best practice in ethics and privacy. This includes the revised data protection framework under the EU General Data Protection Regulation 2016 (GDPR) and the UK Data Protection Act 2018.

Broader scope and coverage 

The scope of the code has been widened to better reflect and promote the rights of participants and individuals, as well as to protect the reputation of all professional activities conducted by members and company partners.

Reflecting the new data protection framework, developments in digital technology and respect for the rights of participants and individuals, the code now specifically:

• Covers all activities of members and company partners, whether engaged in research, data analytics or other data-collection activities
  
• Gives greater clarity on prohibited misleading activities, such as selling, fund-raising or political lobbying under the guise of research
  
• Recognises a range of lawful processing grounds for the collection of primary data or the further use of personal data for secondary purposes.

Extended principles 

The number of code principles has been expanded from 10 to 12 to:

• Include the new GDPR principle on privacy by design and default
• Reflect strengthened data-subject rights, such as transparency of information and processing
• Broaden the level of protection and the categories of people covered by the code, by focusing more broadly on individuals, rather than research participants
• Incorporate strengthened accountability and documentation GDPR requirements.

Clarifying definitions 

The definitions used in the code have been clarified and revised, including changes made to:

• Mirror the definitions of data protection terms and concepts as used in the GDPR
• Reflect our understanding of new GDPR requirements, such as data accountability
• Broaden the categories of data collection covered under the code
• Clarify the category of individuals considered vulnerable under the code.

Revision of substantive rules 

The substantive rules of the code have also been revised and expanded. It is now divided into three main sections, with subsections that follow a research cycle: awareness and adherence with legislation; commissioning and design; and the general rules of data accountability.

Key new rules

The broader scope and coverage of the code is reflected in new rules covering data analytics and non-research activities.

Best ethical practice is reinforced by new rules covering vulnerable people, underlining the importance of our members’ professional activities being widely accessible.

Accountability is highlighted by a new focus on prevention of harm and the need to take special care when a project is sensitive, or when circumstances might cause a participant to become upset or disturbed.

Improved readability and usability

It is important that practitioners can easily understand, access and use the code, and that it is also easily accessible to members of the public. Considering this, the revised code has been designed to improve overall readability and usability. This includes changes to style and presentation, and clickable symbols that link through to specific MRS guidance on the main sections and subsections.

These changes have been made to improve the user experience and ease user navigation around the full suite of resources available on the MRS website.

Keep up to date

Regularly check the MRS website and your inbox for further details on how the changes to the code will continue to be communicated. Don’t forget that MRS members and MRS company partners can contact Codeline for advice on how the code changes will impact upon your projects.