New Hampshire Privacy laws & HR compliance analysis

New Hampshire Privacy: What you need to know

Constitution. The New Hampshire Constitution recognizes the rights of individuals to live free from government intrusion in private or personal information (N.H. Const. art. 2-b).
Common law. New Hampshire has recognized three of four of the claims for invasion of privacy: (1) intrusion upon the plaintiff's physical and mental solitude or seclusion; (2) public disclosure of private facts; and (3) appropriation, for the defendant's benefit or advantage, of the plaintiff's name or likeness. New Hampshire 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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Social Security numbers. There are several restrictions upon the use and disclosure of SSNs under New Hampshire law.
The state Department of Education is prohibited from using an SSN as an identifier for any pupil. In addition, no personally identifiable information about a pupil, including his or her SSN, may be collected or maintained by the state in such a manner as to allow the information to be connected with a unique pupil identifier. Personally identifiable information cannot be disclosed unless a court order has been obtained (N.H. Rev. Stat. § 193-E:5).
SSNs appearing on motor vehicle records are not considered to be public records open to inspection. Unless specifically authorized by law, the Department of Motor Vehicles cannot make available SSNs for any reason (N.H. Rev. Stat. § 263:40-a).
SSNs contained in records filed under the Uniform Commercial Code cannot be made available to the general public (N.H. Rev. Stat. § 382-A:9-528).
Documents prepared and presented for recording in the office of the registrar of deeds must not include an ...

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