On January 18th the New Hampshire legislature passed SB255, assuming it becomes law it will make New Hampshire the 14th US state to pass a consumer data privacy law.
While New Jersey's recently passed SB332, discussed further here, shares similarities with the California Consumer Privacy Act, the New Hampshire bill more closely tracks the version of the Connecticut Data Privacy Act (CTDA) passed in 2022.
Key features of SB255 include:
- Applicability: the bill has relatively low consumer applicability thresholds and would apply to entities controlling or processing the personal data of 35,000 unique consumers or controlling or processing the personal data of 10,000 unique consumers and deriving more than 25% of their gross revenue from the sale of personal data.
- Consumer Rights: the bill guarantees New Hampshire consumers certain rights including the right to know what personal data is being collected, to access that data, to have data provided in a portable format, to have personal data deleted, to correct inaccuracies, the right not to be discriminated against and the right to opt-out of the sale of personal data, targeted advertising and certain types of profiling.
- Role of the Secretary of State: the Secretary of State is required to establish secure and reliable means for consumers to exercise their rights and provide standards for privacy notices.
- Right to Cure: the bill provides a 60 right to cure but the cure period sunsets after 12 months.
- Compliance with Other Law: a provision in the bill not found in the CTDA is one stating where an individual or entity is subject to both the bill and other law regarding third party providers of information, to the extent there is a direct conflict between the two, the individual or entity shall comply with the law that provides the greater measure of protection for individuals. It goes on to clarify that for the purposes of that section an opt-in mechanism is considered to provide greater protection than an opt-out one.
Assuming the bill passes through the required procedural formalities and becomes law its effective date will be January 1, 2025.
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