New Hampshire
Privacy Law Status
Comprehensive Privacy Law
New Hampshire has enacted a comprehensive consumer data privacy law known as Senate Bill 255 (SB 255), signed by Governor Chris Sununu on March 6, 2024[1][2]. This makes New Hampshire the 14th state in the United States to pass comprehensive privacy legislation[1]. The law is officially titled “An Act relative to the expectation of privacy” and will be codified as RSA Chapter 507-H[3][4].
Legislative Activity
The privacy bill was initially introduced as SB 255 in the New Hampshire Senate on January 19, 2023, and was referred to the Judiciary Committee[3]. A separate House Bill 314-FN was also introduced in March 2023 with slightly broader privacy protections, including a private right of action against companies, but SB 255 ultimately became the enacted version[3]. The New Hampshire Legislature has allocated additional funds to the state’s consumer protection division to support enforcement of the new law[1].
Implementation Timeline
The New Hampshire Data Privacy Act took effect on January 1, 2025[5][6]. Businesses had less than a year from the bill’s signing to ensure compliance with the new requirements[7]. The law includes a 60-day cure period for violations that will be available through December 31, 2025, after which the Attorney General will have discretion to grant cure periods on a case-by-case basis[5][8].
Your Rights as a New Hampshire Resident
Under the New Hampshire Data Privacy Act, residents have gained significant new rights regarding their personal information[9][6]. These rights apply when you interact with businesses that meet the law’s coverage thresholds.
- Right to know what data is collected – You can confirm whether a business is processing your personal data and access that information, though there are exceptions such as when access would reveal trade secrets[1][9]
- Right to delete personal information – You can request deletion of personal data that was provided by you or obtained about you, subject to certain limitations[9][10]
- Right to opt out of data sales – You can opt out of having your personal data sold to third parties, and businesses must recognize universal opt-out signals like Global Privacy Control[8][10]
- Right to correct inaccurate data – You can request correction of any inaccuracies in your personal information that businesses have collected[9][6]
- Right to data portability – You can obtain a copy of your personal data in a portable and readily usable format[1][10]
- Right to opt out of targeted advertising and profiling – You can opt out of processing for targeted advertising purposes or profiling that produces legal or similarly significant effects[1][10]
- Right to non-discrimination – Businesses cannot discriminate against you for exercising any of these privacy rights[10][7]
Businesses have 45 days to respond to your requests, with a possible 45-day extension if reasonably necessary[1][5]. If your request is denied, you have the right to appeal to the business, and ultimately can file a complaint with the New Hampshire Attorney General[10][6].
Business Requirements
The New Hampshire Data Privacy Act applies to businesses that conduct business in New Hampshire or target New Hampshire residents with their products or services[1][11]. The law establishes specific thresholds and obligations for covered entities.
- Coverage thresholds – Businesses must comply if they process personal data of 35,000 or more unique consumers (excluding payment processing only) OR process data of 10,000 or more consumers while deriving more than 25% of gross revenue from data sales[1][11][6]
- Data minimization requirements – Companies can only collect personal data that is adequate, relevant, and reasonably necessary for disclosed purposes[5][12]
- Consent obligations – Businesses must obtain explicit consumer consent before processing sensitive data, engaging in targeted advertising, or selling personal data[11][12]
- Privacy notice requirements – Companies must provide clear and conspicuous privacy notices explaining their data practices, consumer rights, and contact information[12][7]
- Security safeguards – Businesses must implement appropriate physical, administrative, and technical security measures to protect personal data[5][12]
- Consumer request procedures – Companies must establish secure, easily accessible mechanisms for consumers to exercise their rights and must respond within specified timeframes[12][10]
- Data protection assessments – Businesses must conduct assessments for high-risk processing activities like targeted advertising, data sales, processing sensitive data, or profiling[8][12]
Practical Impact
- Enhanced control over personal information – New Hampshire residents now have meaningful tools to understand and control how businesses collect, use, and share their personal data in everyday activities like online shopping, social media use, and mobile app interactions[13][6]
- Protection for sensitive information – The law provides special protections for sensitive data including racial or ethnic origin, religious beliefs, health conditions, sexual orientation, genetic information, and precise location data[11][2]
- Enforcement through Attorney General – If businesses violate your privacy rights, you can file complaints with the New Hampshire Attorney General’s newly established Data Privacy Unit, which has exclusive enforcement authority[14][13]
- No private lawsuits allowed – Unlike California, New Hampshire does not permit individuals to sue companies directly for privacy violations – enforcement is solely through the Attorney General’s office[8][15]
- Limited cure period – Through 2025, businesses get a 60-day opportunity to fix violations before facing penalties, but this broad cure right expires on January 1, 2026[8][14]
- Significant penalties for violations – Businesses that violate the law face fines of up to $10,000 per violation, with potential criminal charges for intentional non-compliance reaching $100,000 per violation[13][7]
Comparison Context
- Lower coverage thresholds – New Hampshire’s law applies to smaller businesses compared to many other states, with thresholds of 35,000 consumers versus 100,000 in states like Virginia, Colorado, and New Jersey, reflecting the state’s smaller population[1][2]
- Similar rights framework – New Hampshire provides the same core consumer rights found in other comprehensive state privacy laws, including access, deletion, correction, portability, and opt-out rights[8][2]
- No private right of action – Unlike California’s CCPA/CPRA, New Hampshire residents cannot file private lawsuits against companies for privacy violations, joining most other states in limiting enforcement to government agencies[10][7]
- Limited rulemaking authority – New Hampshire’s law provides narrower rulemaking power compared to states like California and Colorado, with rulemaking currently limited to privacy notice requirements[1]
- Standard penalty structure – The $10,000 per violation penalty is higher than California’s CCPA but consistent with the enforcement approach taken by other state privacy laws[7]
- Comparable effective date timing – New Hampshire’s January 1, 2025 effective date follows the pattern of most other state privacy laws taking effect on January 1st of their implementation year[3]
Action Steps for Residents
- Review privacy policies of frequently used services – Check the privacy policies of websites, apps, and services you use regularly to understand what data they collect and how you can exercise your new rights under New Hampshire law
- Exercise opt-out rights proactively – Use universal opt-out tools like Global Privacy Control in your web browser, and look for opt-out links in privacy policies for targeted advertising and data sales[8][10]
- Submit data requests to learn what companies know – Consider making access requests to major platforms and services to understand what personal information they have collected about you
- Report violations to the Attorney General – If businesses fail to honor your privacy rights or don’t respond to requests within required timeframes, file complaints with the New Hampshire Attorney General’s Data Privacy Unit[13][6]
- Stay informed about implementation – Monitor updates from the Attorney General’s office, which plans to publish FAQs and guidance to help consumers understand their rights under the new law[13][6]
- Educate yourself about sensitive data protections – Understand which types of personal information receive special protection under the law, including health data, biometric information, and precise location data[11][2]
Official Resources and Contact Information
New Hampshire Attorney General – Data Privacy Enforcement
The New Hampshire Attorney General’s Office has established a specialized Data Privacy Unit within the Consumer Protection and Antitrust Bureau to enforce the new privacy law[13]. This unit is responsible for investigating complaints, conducting enforcement actions, and providing guidance to both consumers and businesses.
Consumer Protection and Antitrust Bureau
33 Capitol Street
Concord, New Hampshire 03301
Phone: (603) 271-3641
New Hampshire Department of Justice Website
The Attorney General’s Office has indicated they will publish Frequently Asked Questions and other guidance materials to help residents understand their rights under the new law[13][6].
New Hampshire Legislature
The New Hampshire General Court is the third-largest legislative body in the English-speaking world, with 24 Senators and 400 Representatives[16]. Legislators serve two-year terms and can be contacted about privacy and consumer protection issues.
New Hampshire General Court
State House
107 North Main Street
Concord, NH 03301
New Hampshire General Court Website
You can find your specific state senator and representative, view committee information, track legislation, and access contact information through the General Court website[16][17]. The legislature typically meets in session from January to June each year.
Consumer Protection Resources
For general consumer protection issues beyond data privacy, New Hampshire residents can access additional resources through the Attorney General’s Consumer Protection Division.
Consumer Protection Division
Phone: (603) 271-3641
Consumer Protection Information
The Division handles a wide range of consumer complaints and provides educational resources about consumer rights and protections under New Hampshire law.
Sources and Citations
Last Updated August 2025. Written with contributions from both human authors and Perplexity AI. If you find incorrect or outdated information let us know at support@optery.com.