Revision: Dec. 2, 2019, 12:11 p.m.
HB 1236 - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 Expectation of Privacy in Personal Information.
I. An individual shall have an expectation of privacy in personal information, including personal identifiers, 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, state, or federal department, agency, employee, or contractor shall acquire, collect, retain, or use the personal information described in paragraph I, directly or indirectly, related to customers 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.
(b) Subparagraph (a) shall not apply to personal information described in paragraph I if required by a municipal, state, or federal department, agency, employee, 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, state, or federal department, agency, employee, 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, state, or federal department, agency, employee, or contractor, but only for the purpose for which such authorization is granted.
III. No municipal, state, or federal department, agency, employee, or contractor 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) Pursuant to 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 such departments or agencies.
(c) For the purpose of investigating misconduct on the part of employees or contractors of such departments or agencies.
(d) In an emergency involving severe bodily injury or significant damage to property.
(e) If required by a municipal, state, or federal department, agency, employee, or contractor 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 access to it, but only for the purpose for which it is provided; or
(2) Authorizes access to it, but only for the purpose for which such authorization is granted.
IV. This chapter shall not apply to personal information acquired, collected, retained, or used by any state regulatory agency when such acquisition, collection, retention, or use is within the agency's regulatory 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:2 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:3 Federal Preemption. If federal law preempts any provision of this chapter, that provision shall not apply.
507-H:4 Construction. This chapter shall be construed to provide the greatest possible protection of the privacy of the people of this state.
2 Effective Date. This act shall take effect upon its passage.