New Hampshire's Privacy Act (NHPA) was signed by Governor Chris Sununu on March 6, 2024, and took effect January 1, 2025. New Hampshire's law closely mirrors Delaware's DPDPA and Connecticut's CTDPA in structure, with a low 35,000-consumer threshold that brings a significant number of businesses into compliance scope. The NHPA provides all standard consumer rights and requires opt-in consent for processing sensitive personal data. Like Delaware, the low threshold reflects a legislative intent to protect consumers from smaller data-intensive businesses that would be exempt under California or Virginia standards.
Residents of New Hampshire have the following legally enforceable privacy rights under NHPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The NHPA applies to controllers conducting business in New Hampshire or targeting New Hampshire residents that during the preceding calendar year controlled or processed personal data of at least 35,000 consumers, or controlled or processed personal data of at least 10,000 consumers and derived more than 25% of gross revenue from the sale of personal data. The 35,000 consumer threshold, matching Delaware, is among the lowest of any comprehensive state privacy law.
Under NHPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under NHPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The New Hampshire Attorney General has exclusive enforcement authority. After providing a 60-day written cure notice, the AG may seek civil penalties up to $10,000 per violation, with each day of continuing violation counting separately. There is no private right of action. The AG's Consumer Protection Bureau handles privacy complaints.
To exercise your rights under NHPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a New Hampshire resident invoking rights under NHPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the New Hampshire Attorney General's office.
| Term | Definition Under NHPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |