Bill Text - HB438 (2022)

Relative to the confidentiality of animal records databases.

Revision: Jan. 10, 2021, 1:12 p.m.










AN ACT relative to the confidentiality of animal records databases.


SPONSORS: Rep. Comtois, Belk. 7; Rep. Silber, Belk. 2; Rep. Verville, Rock. 2


COMMITTEE: Environment and Agriculture






This bill makes provisions for the confidentiality of records made by the department of agriculture, markets, and food into any database relative to animal health certificates.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Twenty One


AN ACT relative to the confidentiality of animal records databases.


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


1  New Section; Confidentiality.  Amend RSA 437 by inserting after section 8 the following new section:

437:8-a  Confidentiality.

I.  Information contained in any database created by the department in order to track health certificate information, information obtained from it, and information contained in the records of requests for information from the database, shall be confidential, and shall not be a public record or otherwise subject to disclosure under RSA 91-A, and shall not be subject to discovery, subpoena, or other means of legal compulsion for release.  Such information shall not be shared with an agency or institution, except as provided in this section.

II.  The department shall establish and maintain procedures to ensure the privacy and confidentiality of animal and animal owner information.

III.  The department may use and release information and reports from the program for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the data are aggregated or otherwise de-identified.

IV.  No database records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.

V.  Database records, information, or lists may be made available pursuant to a court order on a case-by-case basis.  In a case of potential rabies exposure, rabies vaccination information may be made available in response to a request from the state, a political subdivision of the state, the federal government, or a law enforcement agency solely for use in official business.  Any information, record, or list received pursuant to this paragraph shall not be transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.

VI.  Any person who knowingly accesses, alters, destroys, or discloses program information except as authorized in this section or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.

2  Effective Date.  This act shall take effect January 1, 2022.