New Hampshire. Breach notification. Act

NH breach lawNew Hampshire data breach notification law (N.H. Rev. Stat. §§ 359-C:19 to 359-C:21)

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about New Hampshire residents to notify affected individuals after a security breach. Core timing rule: Individuals as soon as possible. Covered data: name plus SSN, driver's licence/government ID, financial account or card numbers with codes.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Private right of action with double to treble damages for wilful violations; AG notices are published online.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: New Hampshire requires the maintaining entity to notify and cooperate with the owner immediately following discovery. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals as soon as possible; AG or primary regulator for every notifiable breach; CRAs if >1,000
DPO
No
Cross-border transfers
None
Maximum penalty
Actual damages (2x-3x for wilful violations) plus fees; AG enforcement under Consumer Protection Act

§3Dates

Key dates
  • Adopted
  • In force
  • No amendment identified since enactment

§4Text and authority

Text
Authority
New Hampshire Department of Justice (Attorney General)

§5Where it applies

Domestic law of
New Hampshire

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.