SB 316-FN - AS INTRODUCED
SENATE BILL 316-FN
SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Rep. Keans, Straf. 23; Rep. Hopper, Hills. 2; Rep. Janvrin, Rock. 37
This bill establishes criminal penalties for failure to protect another person's 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
PROTECTION OF PERSONAL INFORMATION
359-Q: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 any state and municipal agencies and departments, including employees, agents, and contractors.
III. "Information and service providers" means a person who provides an individual with information and services, including but not limited to: cellular and landline telephone service; Internet service; cable television; social media; email service; banks and financial institutions; insurance companies; utilities regulated by the public utilities commission, credit card companies, and companies that maintain genetic databases for commercial or other purposes.
IV. "Person" means an individual, partnership, limited liability company, corporation, and any other organization, including a for-profit or not-for-profit entity. "Person" shall not include government.
V. "Personal information" means:
(a) An individual'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, genetic profiles, DNA/RNA, or other identifying data unique to that individual;
(b) The content of messages and the history of usage of the information, including locational information, or service given or available to information and service providers with whom the individual has a contractual relationship; or
(c) 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.
359-Q:2 Protection of Personal Information.
I. No information or service providers shall, directly or indirectly, transfer, disclose or otherwise make available to any person or government any personal information related to individuals located in New Hampshire except:
(a) With the written consent of the individual for such purpose and use as the individual may choose, provided that such consent is not a condition for providing information or service.
(b) In the case of a government, pursuant to a warrant signed by a judge and based on probable cause or pursuant to a judicially-recognized exception to the warrant requirement.
(c) In the case of the division of emergency services and communications, when handling emergency 911 telecommunications.
II. Paragraph I shall not apply to personal information if required by a government pursuant to state or federal statute, provided that such information is requested of and supplied by an information and service provider for an individual or, in the case of an employee or contractor of an information and service provider, for all of its employees and contractors.
I. Any person who knowingly violates any provision of this chapter shall be guilty of a class B misdemeanor and shall be subject to a fine of not more than $1,000 for a first offense and guilty of a class B felony and subject to a fine of not more than $2,000 for a second or subsequent offense.
II. Any department or agency of the government that knowingly violates any provision of this chapter shall be subject to a fine of $10,000 for each offense which fine shall be deposited in the general fund.
359-Q:4 Right of Action.
I. Any person injured by a violation of this chapter shall have a right of action in the superior court to enforce the provisions of this chapter.
II. In any civil case for damages, a person injured by a violation of this chapter shall be awarded actual damages or $2,000, whichever is greater, and shall be awarded reasonable attorney's fees and court costs.
359-Q:5 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 pursuant to this chapter.
359-Q:6 Construction. This chapter shall be construed to provide the greatest possible protection of the privacy of the people of this state.
SB 316-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
The Judicial Branch was originally contacted on January 5, 2019, with followup on January 24, 2019 for a fiscal note worksheet, which they have not provided as of January 28, 2019.
This bill establishes criminal penalties for failure to protect another person's personal information 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.
Public Defender Program
Has contract with State to provide services.
Has contract with State to provide services.
Contract Attorney – Felony
Assigned Counsel – Felony
$60/Hour up to $4,100
$60/Hour up to $4,100
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 2018 Average Cost of Incarcerating an Individual
FY 2018 Annual Marginal Cost of a General Population Inmate
FY 2018 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
The Judicial Council indicates it is difficult to predict the number of criminal charges that would be brought as a result of this bill. Individuals are not entitled to court-appointed counsel for class B misdemeanors and there would be no right to counsel in the civil setting. Regarding, class B felonies for a second offense, the Council assumes most violations would occur during the course of an individual's employment and these defendants would have income that exceeds the eligibility guidelines for court appointed counsel. The Council expects the impact of this bill on indigent defense expenditures would not be significant.
The Department of Justice indicates the offenses in this bill are prosecuted by local and county prosecutors. Appeals from any convictions would be handled by the Criminal Justice Bureau and could be done within the Department's current budget.
Judicial Branch, Judicial Council, Departments of Justice and Corrections and New Hampshire Association of Counties
|Feb. 12, 2019||Senate||Hearing|
|Jan. 3, 2019||Introduced 01/03/2019 and Referred to Judiciary; SJ 4|
|Feb. 12, 2019||Hearing: 02/12/2019, Room 100, SH, 10:45 am; SC 10|
|March 14, 2019||Committee Report: Rereferred to Committee, 03/14/2019; Vote 5-0; CC; SC 13|
|March 14, 2019||Rereferred to Committee, MA, VV; 03/14/2019; SJ 8|
|Committee Report: Referred to Interim Study|
|Jan. 8, 2020||Committee Report: Referred to Interim Study, 01/08/2020; SC 47|
|Jan. 8, 2020||Refer to Interim Study, MA, VV; 01/08/2020; SJ 1|