HB 1236 - AS AMENDED BY THE HOUSE
HOUSE BILL 1236
SPONSORS: Rep. Erf, Hills. 2; Rep. Edwards, Rock. 4; Rep. Cordelli, Carr. 4; Rep. Keans, Straf. 23; Sen. Ward, Dist 8
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
(c) Obtain, retain, or provide any individual's biometric data except as set forth in this chapter or in RSA 507-H.
HB 1236- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0976h)
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
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.
Violation Level Offense
Class B Misdemeanor
Class A Misdemeanor
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.
Public Defender Program
Has contract with State to provide services.
Has contract with State to provide services.
Contract Attorney – Misdemeanor
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
FY 2019 Annual Marginal Cost of a General Population Inmate
FY 2019 Average Cost of Supervising an Individual on Parole/Probation
NH Association of Counties
County Prosecution Costs
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.
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
|Feb. 12, 2020||House||Hearing|
|March 4, 2020||House||Exec Session|
|March 11, 2020||House||Floor Vote|
|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|