New Hampshire Privacy laws & HR compliance analysis

New Hampshire Privacy: What you need to know

There are four generally recognized invasion of privacy claims: (1) intrusion upon the plaintiff's physical and mental solitude or seclusion; (2) public disclosure of private facts; (3) appropriation, for the defendant's benefit or advantage, of the plaintiff's name or likeness; and (4) publicity that places the plaintiff in a false light in the public eye. New Hampshire recognizes the first three of these claims, but has not yet recognized false light invasion of privacy (Thomas v. Telegraph Publishing Co., 859 A.2d 1166 (N.H. 2004)).
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The New Hampshire Right to Privacy Act prohibits government officials from obtaining access to customer financial or credit records, or the information they contain, held by financial institutions or creditors without the customer's authorization, an administrative subpoena, a search warrant, or a judicial subpoena (NH Rev. Stat. Sec. 359-C:4 et seq.). The three remedies for violations of the Act are quashing of the subpoena, criminal penalties, and injunctive relief.
Unless specifically authorized by law, it is a crime in New Hampshire to willfully intercept any telecommunication or oral communication without the consent of all parties to the communication. It is also unlawful to willfully use an electronic, mechanical, or other device to intercept an oral communication or to disclose the contents of an intercepted communication (NH Rev. Stat. Sec. 570-A:2). In fact, the law provides a specific procedure that must be followed by law enforcement officials before a communication can be intercepted (NH Rev. Stat. Sec. 570-A:9).
New Hampshire law provides protections for ...

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