HB 1382 – AS INTRODUCED
2006 SESSION
05/03
HOUSE BILL 1382
AN ACT regulating the disclosure of personal information.
SPONSORS: Rep. Kurk, Hills 7; Rep. Dokmo, Hills 6; Rep. M. Smith, Straf 7; Rep. Mirski, Graf 10; Sen. Letourneau, Dist 19
This bill prohibits a public or private entity from using personal information without the individual’s consent. The bill also prohibits the public or private entity from requiring a release of personal information as a condition of providing goods or services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2514
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT regulating the disclosure of personal information.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Disclosure of Personal Information. Amend RSA by inserting after chapter 359-H the following new chapter:
CHAPTER 359-I
DISCLOSURE OF PERSONAL INFORMATION
359-I:1 Definitions. In this chapter:
I. “Individual” means a human being, including a deceased human being.
II. “Nonpublic personal information” means personal information that has not been made available to the public by or with the consent of the individual to whom it relates.
III. “Personal information” means information that allows an individual to be identified or located and includes an individual’s name, address, telephone number, driver’s license number, and Social Security number; credit card, bank account, and other financial account numbers, including personal identification number; and any other information that, directly or indirectly, or in conjunction with other information, allows an individual to be identified or located.
IV. “Private entity” means any person, partnership, corporation, association, or other legal entity other than a public entity or an entity of the federal government.
V. “Public entity” means any agency, department, or office of state or local government.
VI. “Services” includes the provision of credit, medical and governmental assistance, and licensing.
359-I:2 Prior Approval Required.
I. Nonpublic personal information is the property of the individual to whom it relates and shall not be used by any public or private entity for any purpose without the prior approval of the individual.
II. No public or private entity may require an individual, as a condition of doing business with the entity, to authorize the use of his or her nonpublic personal information for any purpose other than to provide goods or services requested by the individual, nor may the public or private entity treat such individual differently because the individual authorizes or refuses to authorize the use of personal information.
III. Notwithstanding paragraphs I and II, a public or private entity may require an individual to provide nonpublic personal information in order to provide goods or services requested by the individual, provided that the nonpublic personal information is directly related to and essential for the provision of such goods or services.
359-I:3 Remedy; Private Action. An individual whose nonpublic personal information has been used contrary to the provisions of this chapter may bring a civil action to recover damages, court costs, and reasonable attorney’s fees.
2 Effective Date. This act shall take effect January 1, 2007.