While some state legislators are still putting away their holiday decorations, New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680.  The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here).  It grants consumers access, portability, transparency, non-discrimination, deletion, and opt-out-of-sale rights (or opt-into-sale rights for minor consumers) with respect to their personal information.

Notably, NH HB 1680 does not reflect several of the amendments which partially mitigated the constitutional and operational concerns raised by the CCPA.  For example, it regulates as personal information all information  “capable” of being associated with a consumer or household, whereas California’s definition is now tied to information “reasonably capable” of being associated with a consumer or household.  The NH legislation retains limitations on the scope of publicly available information that is excluded from the definition of personal information.  By way of other examples, NH HB 1680 does not provide exceptions for employment or business-to-business related data.
Continue Reading State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead