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New Hampshire: Privacy bill introduced to House of Representatives

House Bill ('HB') 314 for An Act relative to the expectation of privacy in the collection and use of personal information was introduced, on 5 January 2023, in the New Hampshire House of Representatives and thereafter referred to the Judiciary Committee. In particular, HB 314 provides that, except as otherwise provided in the law, an individual shall have reasonable expectation of privacy in personal information, including content and usage, given to third-party providers of information and services, and not available to the public. Likewise, HB 314 provides that no government entity shall acquire, collect, retain, or use any personal information of any individual residing in New Hampshire from any third-party provider.

However, HB 314 outlines that the requirement above relating to government entities shall not apply to the following, among other things:

  • personal information acquired, collected, retained, or used by any state regulatory or administrative agency when such acquisition, collection, retention, or use is within the applicable bodies' function;
  • a warrant signed by a judge and based on probable cause has been issued or a judicially recognised exception to the warrant requirement applies;
  • the division of emergency services when handling 911 calls;
  • an individual where the immediate danger of death or serious physical injury to an individual requires the disclosure, without delay, of personal information concerning a specific individual; and
  • cases where the acquisition, collection, retention, or use of personal information is authorised or required by state or federal law.

Moreover, if enacted, HB 314 would enter into force on 1 January 2024.

You can read HB 314 here and track its progress here.