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1 New Chapter; Expectation of Privacy in Personal Information. Amend RSA by inserting after chapter 507-G the following new chapter:
CHAPTER 507-H
EXPECTATION OF PRIVACY IN PERSONAL INFORMATION
507-H:1 Definitions: In this chapter:
I. "Individual" means a living human being.
II. "Government" means the federal government, the state government and any political subdivisions thereof, and state and municipal agencies and departments, including employees, agents, and contractors.
III. "Information and service providers" means those persons who provide an individual with information and services, including cellular and land-line telephone service providers; Internet service providers; cable television providers; social media providers; email service providers; banks and financial institutions; insurance companies; and credit card companies, but excluding service providers regulated by the public utilities commission as defined in RSA 363:37, II.
IV. "Persons" means individuals, partnerships, limited liability companies, corporations, and any other organizations, including for-profit and not-for-profit entities, but excluding government.
V. "Personal information" means:
(a) A person's name, date or place of birth, social security number, address, employment history, credit history, financial information, account numbers, cellular telephone numbers, voice over Internet protocol or landline telephone numbers, biometric identifiers, including fingerprints, facial photographs, or images, retinal scans, DNA/RNA, or other identifying data unique to that individual; or
(b) One or more pieces of information that, when considered together or in the context of the information that is presented or gathered, are sufficient to identify a unique individual.
507-H:2 Expectation of Privacy.
I. An individual shall have an expectation of privacy in personal information, the content of messages, and the history of usage of the information or service given or available to information and service providers with whom the individual has a contractual relationship.
II.(a) No government shall acquire, collect, retain, or use the personal information described in paragraph I, directly or indirectly, related to individuals located in New Hampshire except:
(1) With the express written consent of the individual, provided that such consent is not a condition for providing information or service.
(2) With a warrant signed by a judge and based on probable cause or pursuant to a judicially-recognized exception to the warrant requirement.
(3) In the case of the division of emergency services and communications, when handling emergency 911 telecommunications.
(b) Subparagraph (a) shall not apply to personal information described in paragraph I if required by a government pursuant to state or federal law, provided that such information is requested of and supplied by an information and service provider for named individuals only or, in the case of employees and/or contractors of an information and service provider, for all of its employees and/or contractors.
(c) Subparagraph (a) shall not apply to personal information described in paragraph I if the individual to whom it pertains (1) provides it to a government, but only for the purpose for which it is provided, including, but not limited to, credit card transactions and affinity programs, or (2) authorizes access to it by a government, but only for the purpose for which such access is granted.
III. No government shall acquire, collect, or retain individually-identifiable social media data, including such data associated with Facebook and Twitter, whether password protected or encrypted or not, except:
(a) With a warrant signed by a judge and based on probable cause, or pursuant to a judicially-recognized exception to the warrant requirement.
(b) In connection with hiring an individual to work for a government.
(c) If investigating misconduct on the part of employees or contractors of a government.
(d) In an emergency involving severe bodily injury or significant damage to property.
(e) If required by a government pursuant to state or federal law, provided that such social media data is for named individuals only.
(f) If the individual to whom such social media data pertains (1) provides it to a government, but only for the purpose for which it is provided, including but not limited to credit card transactions and affinity programs, or (2) authorizes access to it by a government, but only for the purpose for which such access is granted.
(g) Where there exists a reasonable suspicion that a named individual has committed a criminal act.
IV. This chapter shall not apply to personal information acquired, collected, retained, or used by the judicial branch or by any state regulatory agency when such acquisition, collection, retention, or use is within the branch's or agency's adjudicatory or regulatory function.
507-H:3 Action Against a Corporation. This chapter shall not be construed to create a cause of action against a corporation or its officers, employees, or agents for providing information to a government in accordance with the provisions of this chapter.
507-H:4 Federal Preemption. If federal law preempts any provision of this chapter, that provision shall not apply to the federal government.
507-H:5 Construction. This chapter shall be construed to provide the greatest possible protection of the privacy of the people of this state.
507-H:6 Penalties. Any government agency, including the judicial branch, that uses an individual's personal information in violation of RSA 507-H:2 shall incur a fine of $10,000 for each such individual.
2 Effective Date. This act shall take effect July 1, 2018.
Text to be added highlighted in green.
1 New Chapter; Expectation of Privacy in Personal Information. Amend RSA by inserting after chapter 507-G the following new chapter:
CHAPTER 507-H
EXPECTATION OF PRIVACY IN PERSONAL INFORMATION
507-H:1 Definitions: In this chapter:
I. "Individual" means a living human being.
II. "Government" means the federal government, the state government and any political subdivisions thereof, and state and municipal agencies and departments, including employees, agents, and contractors.
III. "Information and service providers" means those persons who provide an individual with information and services, including cellular and land-line telephone service providers; Internet service providers; cable television providers; social media providers; email service providers; banks and financial institutions; insurance companies; and credit card companies, but excluding service providers regulated by the public utilities commission as defined in RSA 363:37, II.
IV. "Persons" means individuals, partnerships, limited liability companies, corporations, and any other organizations, including for-profit and not-for-profit entities, but excluding government.
V. "Personal information" means:
(a) A person's name, date or place of birth, social security number, address, employment history, credit history, financial information, account numbers, cellular telephone numbers, voice over Internet protocol or landline telephone numbers, biometric identifiers, including fingerprints, facial photographs, or images, retinal scans, DNA/RNA, or other identifying data unique to that individual; or
(b) One or more pieces of information that, when considered together or in the context of the information that is presented or gathered, are sufficient to identify a unique individual.
507-H:2 Expectation of Privacy.
I. An individual shall have an expectation of privacy in personal information, the content of messages, and the history of usage of the information or service given or available to information and service providers with whom the individual has a contractual relationship.
II.(a) No government shall acquire, collect, retain, or use the personal information described in paragraph I, directly or indirectly, related to individuals located in New Hampshire except:
(1) With the express written consent of the individual, provided that such consent is not a condition for providing information or service.
(2) With a warrant signed by a judge and based on probable cause or pursuant to a judicially-recognized exception to the warrant requirement.
(3) In the case of the division of emergency services and communications, when handling emergency 911 telecommunications.
(b) Subparagraph (a) shall not apply to personal information described in paragraph I if required by a government pursuant to state or federal law, provided that such information is requested of and supplied by an information and service provider for named individuals only or, in the case of employees and/or contractors of an information and service provider, for all of its employees and/or contractors.
(c) Subparagraph (a) shall not apply to personal information described in paragraph I if the individual to whom it pertains (1) provides it to a government, but only for the purpose for which it is provided, including, but not limited to, credit card transactions and affinity programs, or (2) authorizes access to it by a government, but only for the purpose for which such access is granted.
III. No government shall acquire, collect, or retain individually-identifiable social media data, including such data associated with Facebook and Twitter, whether password protected or encrypted or not, except:
(a) With a warrant signed by a judge and based on probable cause, or pursuant to a judicially-recognized exception to the warrant requirement.
(b) In connection with hiring an individual to work for a government.
(c) If investigating misconduct on the part of employees or contractors of a government.
(d) In an emergency involving severe bodily injury or significant damage to property.
(e) If required by a government pursuant to state or federal law, provided that such social media data is for named individuals only.
(f) If the individual to whom such social media data pertains (1) provides it to a government, but only for the purpose for which it is provided, including but not limited to credit card transactions and affinity programs, or (2) authorizes access to it by a government, but only for the purpose for which such access is granted.
(g) Where there exists a reasonable suspicion that a named individual has committed a criminal act.
IV. This chapter shall not apply to personal information acquired, collected, retained, or used by the judicial branch or by any state regulatory agency when such acquisition, collection, retention, or use is within the branch's or agency's adjudicatory or regulatory function.
507-H:3 Action Against a Corporation. This chapter shall not be construed to create a cause of action against a corporation or its officers, employees, or agents for providing information to a government in accordance with the provisions of this chapter.
507-H:4 Federal Preemption. If federal law preempts any provision of this chapter, that provision shall not apply to the federal government.
507-H:5 Construction. This chapter shall be construed to provide the greatest possible protection of the privacy of the people of this state.
507-H:6 Penalties. Any government agency, including the judicial branch, that uses an individual's personal information in violation of RSA 507-H:2 shall incur a fine of $10,000 for each such individual.
2 Effective Date. This act shall take effect July 1, 2018.