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RSA 507-H:8 · Heightened Risk of Harm

Title
LII: ACTIONS, PROCESS, AND SERVICE OF PROCESS
Chapter
507-H · EXPECTATION OF PRIVACY
Status
current
Official source linked
Yes
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507-H:8 Heightened Risk of Harm. –

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I.

A controller shall conduct and document a data protection assessment for each of the controller's processing activities that presents a heightened risk of harm to a consumer. For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes:

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(a)

The processing of personal data for the purposes of targeted advertising;

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(b)

The sale of personal data;

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(c)

The processing of personal data for the purposes of profiling, where such profiling presents a reasonably foreseeable risk of unfair or deceptive treatment of, or unlawful disparate impact on, consumers, financial, physical or reputational injury to consumers, a physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers, where such intrusion would be offensive to a reasonable person, or other substantial injury to consumers; and

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(d)

The processing of sensitive data.

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II.

Data protection assessments conducted pursuant to RSA 507-H:8, I shall identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders and the public against the potential risks to the rights of the consumer associated with such processing, as mitigated by safeguards that can be employed by the controller to reduce such risks. The controller shall factor into any such data protection assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.

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III.

The attorney general may require that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general, and the controller shall make the data protection assessment available to the attorney general. The attorney general may evaluate the data protection assessment for compliance with the responsibilities set forth in this chapter. Data protection assessments shall be confidential and shall be exempt from disclosure under RSA 91-A. To the extent any information contained in a data protection assessment disclosed to the attorney general includes information subject to attorney-client privilege or work product protection, such disclosure shall not constitute a waiver of such privilege or protection.

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IV.

A single data protection assessment may address a comparable set of processing operations that include similar activities.

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V.

If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment shall be deemed to satisfy the requirements established in this section if such data protection assessment is reasonably similar in scope and effect to the data protection assessment that would otherwise be conducted pursuant to this section.

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VI.

Data protection assessment requirements shall apply to processing activities created or generated after July 1, 2024, and are not retroactive. Source. 2024, 5:1, eff. Jan. 1, 2025.

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Source note

Source. 2024, 5:1, eff. Jan. 1, 2025.

Source history

  • 2024, 5:1, eff. Jan. 1, 2025

Related materials

Bill relationships

  • 2026 HB1436 amend

    information they share subject to appropriate controls, so that it is legally and constitutionally their information. 3 New Subdivision; Privacy and Consumer Protection. Amend RSA 507-H by inserting after section 12 the following new subdivision: Privacy and Consumer Protection 507-H:13 Property Treatment of Personal Information. I. One who takes possession of and places the unpublished personal

  • 2026 HB1436-FN amend

    information they share subject to appropriate controls, so that it is legally and constitutionally their information. 3 New Subdivision; Privacy and Consumer Protection. Amend RSA 507-H by inserting after section 12 the following new subdivision: Privacy and Consumer Protection 507-H:13 Property Treatment of Personal Information. I. One who takes possession of and places the unpublished personal

  • 2026 HB1460 reference

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 507-H (New Hampshire’s Data Privacy Law) to prohibit covered entities from selling the location or other sensitive data regarding children. The Department of Justice (DOJ) states this bill will result in an indeterminable

  • 2026 HB1460-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 507-H (New Hampshire’s Data Privacy Law) to prohibit covered entities from selling the location or other sensitive data regarding children. The Department of Justice (DOJ) states this bill will result in an indeterminable

  • 2026 HB1694 amend · effective 2027-01-01

    such personal data has been deleted and/or that the consumer has been opted out of any future collection or processing. 3 New Subdivision; Registration of Data Brokers. Amend RSA 507-H by inserting after section 12 the following new subdivision: Registration of Data Brokers 507-H:13 Definitions. In this subdivision: I. "Data broker" means a controller or processor that knowingly collects, agg

  • 2026 HB1694-FN amend · effective 2027-01-01

    such personal data has been deleted and/or that the consumer has been opted out of any future collection or processing. 3 New Subdivision; Registration of Data Brokers. Amend RSA 507-H by inserting after section 12 the following new subdivision: Registration of Data Brokers 507-H:13 Definitions. In this subdivision: I. "Data broker" means a controller or processor that knowingly collects, agg

  • 2025 HB2 reference

    deral laws, and shall not track or compile information without the credential holder’s actual consent. The division shall only compile and/or disclose information regarding use of the credential as required by RSA 507-H and other applicable state or federal laws. 263-A:6 Rulemaking. The commissioner of the department of safety shall adopt administrative rules under 541-A that are necessary for the management and operation of