Market Research Society: Code Of Conduct

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Definitions: Anonymisation

Back 1

Anonymisation is the process of removing, obscuring, aggregating or altering identifiers to prevent the likely identification using reasonable means of the individuals to whom the data originally related.

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Definitions: Child

Back 2

A child is a person under the age of 16.

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Definitions: Client

Back 3

Client includes any individual, organisation, department or division, including any belonging to the same organisation as the member, which is responsible for commissioning or applying the results from a research project.

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Definitions: Consultant

Back 4

A consultant is any individual or organisation that provides research services. Consultants can also be a sub-contractor in the research relationship.

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Definitions: Data Collection Process

Back 5

A data collection process is any process used to obtain information from or about participants. It includes, but is not limited to, interviews, questionnaires, discussion guides, and stimulus materials, as well as passive data collection.

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Definitions: Direct Marketing

Back 6

Direct marketing is communication by whatever means of any advertising or marketing material, directed to particular individuals. This includes material promoting the aims and ideals of not-for-profit organisations.

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Definitions: Identity

Back 7

The identity of a participant includes, as well as their name and/or address, any other information which offers a reasonable likelihood that they can be identified by any person or organisation who has access to the information.

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Definitions: Incentive

Back 8

An incentive is any benefit offered to a participant to encourage participation in a project.

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Definitions: Informed consent

Back 9

Informed consent is a process by which a participant voluntarily confirms his or her willingness to take part in a particular project, after having been informed of all aspects of the project that are relevant to their decision to participate.

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Definitions: Member

Back 10

A member is an individual who has been admitted to membership of MRS in one of the categories set out in the MRS Articles of Association. For the purposes of applying this Code, an organisation with MRS members that has signed the MRS Company Partner Service Quality Commitment that applies throughout the organisation shall be treated as a member.

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Definitions: Monitoring

Back 11

Monitoring is the supervising of activities (such as data collection) to ensure that they meet required objectives and performance targets.

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Definitions: Mystery shopping

Back 12

Mystery shopping or mystery customer research are the same activity and is the use of individuals trained to experience and measure any customer service process, by acting as potential customers and in some way reporting back on their experiences in a detailed and objective way.

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Definitions: Participant

Back 13

A participant is any individual or organisation from or about whom data are collected.

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Definitions: The Profession

Back 14

The profession is the body of research practitioners and others engaged in (or interested in) market, social and opinion research or the application of its techniques.

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Definitions: Publication

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Publication is the communication of information to the public.

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Definitions: Quality Control

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Quality control is any process which is designed to ascertain compliance with regulatory or selfregulatory practices or procedures and/or ascertain or demonstrate adherence to standards which ought to be achieved by persons in the course of their duties.

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Definitions: Research

Back 17

Research is the collection, use, or analysis of information about individuals or organisations intended to establish facts, acquire knowledge or reach conclusions.

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Definitions: Records

Back 18

Records includes anything containing information relating to a project and covers all data which forms evidence of an event, activity or fact.

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Definitions: Responsible adult

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A responsible adult is an individual who has personal accountability for the well-being of a child, for example a parent, guardian, teacher, nanny or grandparent.

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Definitions: Sub-contractor

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A sub-contractor is any individual or organisation that undertakes part of a project.

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Definitions: Personal Data

Back 21

Data which relate to a living individual who can be identified —

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.

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Definitions: Data subject

Back 22

An individual who is the subject of personal data.

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Definitions: Data controller

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A person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

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Definitions: Data processor

Back 24

Any person (other than an employee of the data controller) who processes the data on behalf of the data controller.

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Definitions: Processing

Back 25

Obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including

(a) organisation, adaptation or alteration of the information or data,

(b) retrieval, consultation or use of the information or data,

(c) disclosure of the information or data by transmission, dissemination or otherwise making available, or

(d) alignment, combination, blocking, erasure or destruction of the information or data.

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Definitions: Third party

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Any person other than —

(a) the data subject,

(b) the data controller, or

(c) any data processor or other person authorised to process data for the data controller or processor.

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General Rules of Professional Conduct: 1

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Members must ensure that research conforms to the national and international legislation relevant to a given project, including in particular the Data Protection Act 1998 or other comparable legislation applicable outside the UK.

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General Rules of Professional Conduct: 2

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Members must take reasonable steps to avoid conflicts of interest with clients or employers and must make prior voluntary and full disclosure to all parties concerned of all matters that might give rise to such conflict.

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General Rules of Professional Conduct: 3

Back 29

Members must act honestly in their professional activities.

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General Rules of Professional Conduct: 4

Back 30

Members must take reasonable steps to ensure that others do not breach or cause a breach of this Code.

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General Rules of Professional Conduct: 5

Back 31

Members must not act in a way which might bring discredit on the profession, MRS or its members.

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General Rules of Professional Conduct: 6

Back 32

Members must take all reasonable precautions to ensure that participants are not harmed or adversely affected by the member’s professional activities.

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Commissioning and Design: 7

Back 33

Members must not knowingly take advantage, without permission, of unpublished work of other practitioners, which is the property of those other practitioners.

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Commissioning and Design: 8

Back 34

Members must take reasonable steps to design research to the specification and/or quality standards agreed with the client.

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Commissioning and Design: 9

Back 35

Members must take reasonable steps to ensure that the rights and responsibilities of themselves, clients, and sub-contractors are governed by a written contract and/or internal commissioning document.

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Client Confidentiality: 10

Back 36

Members must not disclose the identity of clients or any confidential information about clients without the client’s permission, unless there is a legal obligation to do so.

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Client Confidentiality: 11

Back 37

Where files of identifiable individuals are used, e.g. client databases, members must ensure that the source of the personal data is revealed at an appropriate point, if requested by participants. This overrides the right to client anonymity.

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Distinguishing Research from Other Purposes: 12

Back 38

Members must ensure that research purposes are clearly distinguished from direct marketing.

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Distinguishing Research from Other Purposes: 13

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Members must ensure that client goods or services, or vouchers to purchase client goods or services, are not used as incentives in a research project.

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Distinguishing Research from Other Purposes: 14

Back 40

Where incentives are offered, members must ensure that participants are clearly informed:

a. who will administer the incentive;

b. what the incentive will be;

c. when the participant will receive the incentive; and

d. whether any conditions are attached e.g. completion of a specific task or passing of quality control checks.

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Distinguishing Research from Other Purposes: 15

Back 41

Members must ensure that non-research or mixed-purpose projects are conducted in accordance with the separate MRS Regulations Using Research Techniques for Non-Research Purposes.

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Informed Consent: 16

Back 42

Members must ensure that participants give their informed consent where personal data are collected directly from them.

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Informed Consent: 17

Back 43

Members must ensure that they have a fair and lawful basis for the collection and processing of personal data from sources other than the data subject themselves.

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Informed Consent: 18

Back 44

Members must ensure that participants are provided with sufficient information to allow informed consent to be given. This includes:

a. the name of the organisation or individual responsible for data collection;

b. the general subject of the data collection;

c. the purpose of the data collection;

d. whether the data collection is to be recorded and/or observed;

e. who is likely to have access to live or recorded information;

f. the likely length in minutes of the data collection, if asked;

g. any costs likely to be incurred by the participant; and h. an assurance that the activity is being conducted in accordance with the MRS Code of Conduct.

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Informed Consent: 19

Back 45

Members must ensure that all of the following are undertaken during remote data collection in spaces accessible by the public:

a. Clear and prominent notices or statements must be displayed or presented in spaces where the data collection is taking place.

b. Notices and statements must include the individual/organisation responsible for the data collection, including contact information and the purpose(s) of the data collection.

c. Data collection must be limited to the spaces intended to be included in the project.

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Children: 20

Back 46

Members must ensure that permission of a responsible adult is obtained and verified before a child participates in a research project.

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Children: 21

Back 47

Where the permission of a responsible adult is required, members must ensure that the responsible adult is given sufficient information about the project to enable them to make an informed decision.

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Children: 22

Back 48

Members must ensure that the identity of the responsible adult giving permission is recorded by name, and relationship or role.

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Children: 23

Back 49

Where it is known (or ought reasonably to be known) that participants may include children, members must ensure that participants are asked to confirm their age before any other personal information is requested. Further, if the age given is under 16, the child must be excluded from giving further personal information until the appropriate permission from a responsible adult has been obtained and verified.

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Children: 24

Back 50

In all cases, members must ensure that a child has an opportunity to decline to take part, even though a responsible adult has given permission for their participation. This remains the case if a project takes place in school.

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Children: 25

Back 51

Members must ensure that information about other individuals is not collected from a child unless for the purposes of gaining permission from a responsible adult.

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Participant Anonymity: 26

Back 52

Members must ensure that the anonymity of participants is preserved unless participants have given their informed consent for their details to be revealed or for attributable comments to be passed on.

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Participant Anonymity: 27

Back 53

Members must take reasonable steps ensure that anonymisation is effective, with reference to developments in technology and to the data environment into which data are released.

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Participant Anonymity: 28

Back 54

If participants have given consent for data to be passed on in a form which allows them to be personally identified, members must: a. demonstrate that they have taken all reasonable steps to ensure that the data will only be used for the purpose for which the data were collected b. and inform participants as to what will be revealed, to whom and for what purpose.

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Participant Anonymity: 29

Back 55

If participants request individual complaints or unresolved issues to be passed back to a client (for example in customer satisfaction research), members must comply with that request. The comments/issues to be passed back to a client must be agreed by the member with the participant and must not be linked back to any other data or used for any other purpose without the explicit consent of the participant.

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Participant Anonymity: 30

Back 56

Members must ensure that participant details are not passed on to a third party for research or any other purposes without the prior consent of the participant.

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Recontacting participants: 31

Back 57

Members must ensure that follow-up contact with a participant is carried out only if the participant’s permission has been obtained at the previous point of data collection. The only exception to this is recontact for quality control purposes.

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Recontacting participants: 32

Back 58

Members must ensure that any re-contact matches the assurances given to participants at the time that permission was gained e.g. when re-contact was to occur, the purpose and by whom.

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Data Collection: 33

Back 59

Members must take reasonable steps to ensure all of the following:

a. that data collection processes are fit for purpose and clients have been advised accordingly;

b. that the design and content of data collection processes are appropriate for the audience being researched;

c. that participants are able to provide information in a way that reflects the view they want to express, including don’t know/prefer not to say where appropriate;

d. that participants are not led towards a particular point of view;

e. that responses are capable of being interpreted in an unambiguous way; and

f. that personal data collected are relevant and not excessive.

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Data Collection: 34

Back 60

Members must ensure that participants are informed about any recording, monitoring or observation at recruitment and at the beginning of a data collection process.

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Data Collection: 35

Back 61

Members must ensure that participants are not misled when being asked to take part in a project.

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Data Collection: 36

Back 62

Members must ensure that a participant’s right to withdraw from a project at any stage is respected.

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Data Collection: 37

Back 63

Members must ensure that participants are able to check without difficulty the identity and bona fides of any individual and/or their employer conducting a project (including any sub-contractors).

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Data Collection: 38

Back 64

Members must take reasonable steps to ensure that the following activities do not take place before 9am Monday to Saturday, 10am Sunday or after 9pm any day, unless by prior agreement:

a. In person visits to private homes

b. Calls to household landline telephone numbers

c. Calls to mobile telephone numbers

d. Messages via SMS or other direct message facilities to mobile telephones

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Data Collection: 39

Back 65

Members must ensure that participants (including employees in employee research) are not required or pressured to participate.

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Data Collection: 40

Back 66

Members must ensure that any responses given by participants are deleted if requested by them, and if this is reasonable and practicable.

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Observers: 41

Back 67

If Members have agreed with clients that observers are to be present, members must inform all observers about their legal and ethical responsibilities.

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Observers: 42

Back 68

Members must make clear to participants the capacity in which observers are present; clients must be presented as such, even if they are also researchers and/or members of MRS.

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Observers: 43

Back 69

There are some situations where observers could adversely affect participants’ interests and/or wellbeing, and in such instances, members must a. ensure that participants are told at an appropriate stage the identity of any observer who might be present during the exercise. b. where observers may know participants, ensure that participants are informed before the start of the data collection that they are to be observed, with a warning that the observers may include clients who already know them. c. where observers know, or are likely to know, participants, ensure that observers are introduced before the data collection begins and participants are given a chance to withdraw.

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Mystery Shopping: 44

Back 70

Where employees’ personal data are to be collected, members must take reasonable steps to ensure that:

a. the employees have been advised that their service delivery and/or regulatory compliance may be checked through mystery shopping; and

b. the objectives and intended uses of the results have been made clear to employees (including the level of reporting if at branch/store or individual level); and

c. if mystery shopping is to be used in relation to any employment, contractual, or regulatory terms and conditions, that this has been made clear to the employees.

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Mystery Shopping: 45

Back 71

Where employees cannot be advised that they may be mystery shopped, members must ensure that employees are not recorded (e.g. by using audio, photographic or video equipment) and that their identities are not revealed by other information.

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Mystery Shopping: 46

Back 72

Members must take reasonable steps to ensure that mystery shoppers are informed of the implications, and protected from any adverse implications, of conducting a mystery shopping exercise.

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Analysis and Reporting of Findings: 47

Back 73

Members must ensure that findings disseminated by them are clearly and adequately supported by the data.

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Analysis and Reporting of Findings: 48

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Members must comply with reasonable requests to make available to anyone the information necessary to assess the validity of any published findings from a project.

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Analysis and Reporting of Findings: 49

Back 75

Members must ensure that their names, or those of their employer, are only used in connection with any project as an assurance that the latter has been carried out in conformity with the Code if they are satisfied on reasonable grounds that the project has in all respects met the Code’s requirements.

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Analysis and Reporting of Findings: 50

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Members must allow clients to arrange checks on the quality of data collection and data preparation provided that clients pay any additional costs involved in this.

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Analysis and Reporting of Findings: 51

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Members must provide clients with sufficient information to enable clients to assess the validity of results of projects carried out on their behalf.

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Analysis and Reporting of Findings: 52

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Members must ensure that data include sufficient technical information to enable reasonable assessment of the validity of results.

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Analysis and Reporting of Findings: 53

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Members must ensure that reports include sufficient information to enable reasonable assessment of the validity of results.

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Analysis and Reporting of Findings: 54

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Members must ensure that outputs and presentations clearly distinguish between facts, opinion, and interpretation.

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Analysis and Reporting of Findings: 55

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Members must take reasonable steps to ensure that findings from a project, published by themselves or in their employer’s name, are not incorrectly or misleadingly presented.

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Analysis and Reporting of Findings: 56

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Members must take reasonable steps to check and where necessary amend any client-prepared materials prior to publication to ensure that the published results will not be incorrectly or misleadingly reported.

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Analysis and Reporting of Findings: 57

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If members are aware, or ought reasonably to be aware, that findings from a project have been incorrectly or misleadingly reported by a client they must at the earliest opportunity: a. refuse permission for the client to use the member’s name further in connection with the incorrect or misleading published findings; andb. publish in an appropriate forum (e.g. their website) the relevant technical details of the project to correct any incorrect or misleading reporting.

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Data Security: 58

Back 84

Members must take reasonable steps to ensure that all hard copy and electronic files containing personal data are held, transferred and processed securely in accordance with the relevant data retention policies and/or contractual obligations.

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Data Security: 59

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Members must take reasonable steps to ensure that all parties involved in the project are aware of their obligations regarding security of data.

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Data Security: 60

Back 86

Members must take reasonable steps to ensure that the destruction of data is adequate for the confidentiality of the data being destroyed. For example, any personal data must be destroyed in a manner which safeguards confidentiality.