Revision: March 30, 2020, 9:15 a.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.