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New Hampshire

See the Summary of U.S. State Data Breach Maps

Quick Facts

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: As soon as possible
Government Notification Required: YES

N.H. Rev. Stat. Ann. §§ 359-C:19 to C:21

More Details

Scope of this Summary

Notification requirements applicable to persons that conduct businesses in the state or that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.

Covered Info

First name or first initial and last name, plus: Social Security number; driver's license or government identification number; or account, credit card or debit card number in combination with any required security or access code or password that would permit access to an individual’s financial account.

Form of Covered Info

Electronic Only.

Encryption Safe Harbor

Statute does not apply to information that is encrypted or secured by a method that renders the covered info completely unreadable or unusable, so long as encryption key was not also acquired.

Breach Defined

Unauthorized acquisition that compromises the security or confidentiality of the covered info, excluding certain good faith acquisitions by employees or agents.

Consumer Notice

Timing: Must be made as soon as possible following determination that covered information has been or is reasonably likely to be misused or following conclusion that such determination cannot be made.

Content: Notice must include a description of the incident in general terms, the approximate date of the breach, the type of covered info that was obtained as a result of the breach, and a telephone number for the covered entity.

Method: By written notice, electronic notice (if the primary means of communication with affected individuals), or by telephone notice (if a log of the notification is kept).  Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed if law enforcement or national or homeland security agency determines that notification will impede a criminal investigation or jeopardize national or homeland security.

Harm Threshold

Notification not required if entity determines that misuse of the covered info has not occurred and is not reasonably likely to occur.

Government Notice

Entities engaged in trade or commerce subject to the jurisdiction of the bank commissioner, director of securities regulation, insurance commissioner, public utilities commission, the financial institutions and insurance regulators of other states, or federal banking or securities regulators must notify the primary regulator of such trade or commerce about the breach. All other entities must notify the Attorney General’s office of the breach. Such notice must include the anticipated date of the notice to individuals and the approximate number of individuals who will be notified. Different regulators may have different notification requirements and deadlines.

Consumer Reporting Agency Notice

If required to notify more than 1,000 persons, must notify all nationwide CRAs without unreasonable delay of the anticipated date of notification, approximate number of consumers to be notified and the content of the notice.  This does not apply to entities subject to Gramm-Leach-Bliley.

Third-Party Notice

If you maintain covered info on behalf of another entity, you must notify and cooperate with them immediately following discovery of a breach if the covered info was acquired by an unauthorized person. Cooperation includes sharing information relevant to the breach, but not disclosure of confidential info or trade secrets.

Potential Penalties

Violations may result in civil penalties.

This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on July 26, 2019

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