HB1236 (2020) Detail

Relative to the expectation of privacy.


HB 1236 - AS AMENDED BY THE HOUSE

 

12Mar2020... 0976h

2020 SESSION

20-2464

06/04

 

HOUSE BILL 1236

 

AN ACT relative to the expectation of privacy.

 

SPONSORS: Rep. Erf, Hills. 2; Rep. Edwards, Rock. 4; Rep. Cordelli, Carr. 4; Rep. Keans, Straf. 23; Sen. Ward, Dist 8

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes a cause of action for violations of an individual's expectation of privacy in personal information.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0976h 20-2464

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the expectation of privacy.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Expectation of Privacy.  Amend RSA by inserting after chapter 507-G the following new chapter:

CHAPTER 507-H

EXPECTATION OF PRIVACY

507-H:1  Definitions.  In this chapter, “personal information” means an individual’s name, date or place of birth; social security number; address; employment history; credit history; financial and other account numbers; cellular telephone numbers; voice over Internet protocol or landline telephone numbers; location information; biometric identifiers including fingerprints, facial photographs or images, retinal scans, genetic profiles, and DNA/RNA data; or other identifying data unique to that individual.

507-H:2  Expectation of Privacy in Personal Information.  

I.  An individual shall have an expectation of privacy in personal information, including content and usage, given or available to third-party providers of information and services, including cellular and land-line telephone, electric, water, and other utility services; Internet service providers; cable television providers; streaming services; social media providers; email service providers; banks and financial institutions; insurance companies; and credit card companies.

II.(a)  No municipal, county, state, or federal department, agency, employee, elected official, or contractor shall acquire, collect, retain, or use the personal information described in paragraph I, directly or indirectly, related to customers of third-party providers of information and services located in New Hampshire except:

(1)  Pursuant to a warrant signed by a judge and based on probable cause or pursuant to a judicially-recognized exception to the warrant requirement.

(2)  In the case of the division of emergency services and communications, when handling emergency 911 telecommunications.

(3)  Pursuant to a validly issued subpoena by an entity authorized by state law to issue such subpoena.

(4)  In an emergency.

(5)  If the individual to whom the personal information pertains provides access to it or authorizes access to it, but only for the purpose for which such access is granted.

(b)  Subparagraph (a) shall not apply to personal information described in paragraph I if authorized or required by a municipal, county, state, or federal department, agency, employee, elected official, or contractor pursuant to state or federal law, provided that such information is requested of and supplied by a third-party provider of information and services for named individuals only or, in the case of employees and/or contractors of a third-party provider of information and services, 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 municipal, county, state, or federal department, agency, employee, elected official, or contractor, 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 municipal, county, state, or federal department, agency, employee, elected official, or contractor, but only for the purpose for which such authorization is granted.

III.  No municipal, state, county, or federal department, agency, employee, elected official, or contractor shall acquire, collect, or retain or use personal information to create dossiers, files, or databases with respect to any individual unless the dossier, file, or database is authorized or required by state or federal law.

IV.  This chapter shall not apply to personal information acquired, collected, retained, or used by any state regulatory agency with respect to a particular individual when such acquisition, collection, retention, or use is within the agency's regulatory, investigative, adjudicatory, or administrative function.

V.  Any person violating the provisions of this section shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

VI.  A person who suffers injury as a result of a violation of this chapter shall be entitled to damages from the person who committed the violation of not less than $1,000 for each such violation and an award of costs and reasonable attorney fees.

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 municipal, state, or federal department, agency, employee, or contractor 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.

2  Regulation of Biometric Information; Collection of Data Prohibited.  Amend RSA 359-N:2, I(c) to read as follows:

(c)  Obtain, retain, or provide any individual's biometric data except as set forth in this chapter or in RSA 507-H.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

20-2464

Amended 3/24/20

 

HB 1236- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0976h)

 

AN ACT relative to the expectation of privacy.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2021

FY 2022

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

It is assumed any fiscal impact would not occur until FY 2021.

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

HB1236 at GenCourtMobile
HB1236 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 House Hearing
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1236 Revision: 8415 Date: Aug. 24, 2020, 8:42 a.m.
HB1236 Revision: 6874 Date: Dec. 2, 2019, 12:11 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 14
Feb. 12, 2020 ==ROOM CHANGE== Public Hearing: 02/12/2020 10:30 am LOB 210-211
March 4, 2020 Executive Session: 03/04/2020 10:00 am LOB 208
Committee Report: Ought to Pass with Amendment # 2020-0976h (Vote 14-5; RC)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0976h for 03/11/2020 (Vote 14-5; RC) HC 10 P. 61
March 12, 2020 Amendment # 2020-0976h: AA VV 03/12/2020 HJ 8 P. 131
March 12, 2020 Ought to Pass with Amendment 2020-0976h: MA VV 03/12/2020 HJ 8 P. 131
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8