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If you collect biometric data, you must obtain consent by Jan 1, 2021, or face civil action.
State
New Hampshire
Bill Number
HB1417
Status
In Committee
Risk Level
Medium
Category
Comprehensive
Last Action
Jun 16, 2020
Last Verified
May 1, 2026
Data Updated
May 1, 2026
What do these statuses mean?▼
Introduced— Filed in the legislature; not yet heard in committee
In Committee— Assigned to and being reviewed by a legislative committee
Passed— Approved by one or both chambers; awaiting further action
Signed / Enacted— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed— Vetoed, failed to pass, or session expired without action
Unknown— Status data not yet available or awaiting classification
Affected Industries
SecurityTechnologyHealthcare
What This Means
HB1417 expands the prohibition on biometric data collection to include private entities in New Hampshire. It requires consent for data collection and outlines civil remedies for violations.
Key Provisions
Amendment of RSA 359-N:1 to define biometric data and exclusions.
RSA 359-N:2, III prohibits private entities from requiring biometric data without consent.
RSA 359-N:4 allows civil action for violations, with specified remedies.
Latest Legislative Action
Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8
Bill Sponsors (showing 5 of 7)
Name
Role
District
Casey ConleyD
Sponsor
HD-13-STR
Craig ThompsonD
Sponsor
HD-14-CHE
Elaine FrenchD
Sponsor
HD-14-GRA
Joe SchapiroD
Sponsor
HD-16-CHE
Lee OxenhamD
Sponsor
HD-01-SUL
Max AbramsonR
Sponsor
HD-20-ROC
Ryan BuchananD
Sponsor
HD-15-MER
Compliance Checklist
Cease all collection of biometric data. Who: All businesses and entities operating in New Hampshire. Penalty: Potential legal consequences for non-compliance.
Full Legal Analysis
House Bill 1417, as amended, seeks to regulate the collection and use of biometric data by private entities in New Hampshire. The bill amends RSA 359-N:1 to define 'biometric data' as including fingerprints, facial features, and other biological characteristics. It explicitly excludes certain data, such as surveillance footage not used for biometric purposes and data collected under specific federal regulations. Under RSA 359-N:2, III, private entities are prohibited from requiring individuals to provide biometric data unless necessary for the service offered. Consent must be obtained before collecting, using, or retaining such data. The bill allows for civil action against violations, providing for injunctions, actual damages or statutory damages of $2,500 per violation, and attorney's fees. The bill is set to take effect on January 1, 2021.
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