New Hampshire enshrines a new consumer privacy law

Privacy, Cyber Risk & Data Security State Issues New Hampshire State Legislation Opt-Out

On March 6, the Governor of New Hampshire, Chris Sununu, signed into law a sweeping consumer privacy bill. Under the act, consumers will have the right to confirm if a controller (an individual who controls personal data) is processing their personal data, a right to access that data, as well as correct inaccuracies, obtain a copy, delete, and opt-out of the processing of the data for targeted advertising purposes. The act also imposed limits on collectors, including that a controller shall (i) limit the collection of data to only what is adequate, relevant, and reasonably necessary for the intended purpose; (ii) establish and maintain administrative security practices to protect the confidentiality of consumer personal data; (iii) not process sensitive data without obtaining the consumer’s consent or, if the data concerns a known child, process the data in accordance with COPPA; (iv) provide an easy means for consumers to revoke consent; and (v) not process personal data for targeted advertising purposes without consumer consent. The bill further outlined a processor’s responsibilities and required controllers to conduct a data protection assessment for each action that may present a risk of harm to a consumer. The act will go into effect on January 1, 2025.