Attorney General John M. Formella announces the creation of a new Data Privacy Unit (the “Unit”) to be housed within the Consumer Protection and Antitrust Bureau of the New Hampshire Attorney General’s Office. The Unit will be primarily responsible with enforcing compliance with RSA 507-H (the “New Hampshire Data Privacy Act” or the “Act”).
“Ensuring accountability, transparency, and consumer choice regarding how companies handle and monetize the personal data of their customers is a priority of my office” said Attorney General Formella. “For too long companies have earned unfathomable profits by harvesting the personal data of its users without providing a meaningful opportunity for consumers to make informed choices about how their data is or is not used. We thank the Governor and Legislature for providing us with these additional resources and we look forward to putting these new enforcement capabilities to work to protect the personal data of New Hampshire consumers.”
In the coming months, the Unit will be tasked with developing a series of FAQs that will assist consumers and businesses in understanding their rights and responsibilities once the Act becomes effective.
Beginning on January 1, 2025 (the “effective date), the New Hampshire Data Privacy Act will create a substantial new set of consumer rights for Granite Staters whose personal data is controlled and processed by businesses that engage in trade or commerce in New Hampshire.
New Hampshire consumers will have the right to:• Confirm whether or not a business is controlling or processing their personal data;• Correct any inaccuracies in their personal data being processed by businesses;• Demand the deletion of personal data obtained from or about them;• Obtain a copy of their personal data being controlled or processed by the business in a portable, and readable format;• Opt-out of the future processing of their personal data for purposes of targeted advertising, the sale of personal data, or profiling
The New Hampshire Data Privacy Act provides significant penalties for covered businesses who fail to comply with the consumer rights identified above. Specifically, the Attorney General has the ability to seek civil penalties of up to $10,000 for each violation of the act. The Attorney General can also seek criminal penalties if there is sufficient evidence that a business is purposely failing to comply with the requirements of the Act. Criminal penalties can include a fine of up to $100,000 per violation.
Attorney General Formella is currently accepting applications for an Assistant Attorney General position within the Unit. All highly motivated individuals that are interested in shaping the future of data privacy law in New Hampshire are encouraged to apply. Interested candidates should submit a resume and cover letter to Chief of Staff Sean Gill at employment@doj.nh.gov.
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