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State-by-State Privacy Laws: Updates in New Hampshire and New Jersey

privacy law

In 2024, more states continue passing laws to protect consumers’ privacy. On March 6th, 2024, New Hampshire Governor Chris Sununu approved SB255, creating the New Hampshire Privacy Act (NHPA). This makes New Hampshire the 14th state to have such a law. Similarly, on January 16th, 2024, New Jersey Governor Phil Murphy signed SB332, establishing the New Jersey Privacy Act (NJPA).

Starting on January 1st, 2025, for NHPA, and January 15th, 2025, for NJPA, residents of New Hampshire and New Jersey will gain more control over how their personal information is used. These new laws are part of a growing trend across the country to protect people’s privacy.

New Hampshire Privacy Act

The NHPA pertains to companies that operate within the state’s borders or offer goods or services to its residents, and in a given year, are involved in controlling or processing:

  • Information from a minimum of 35,000 individual consumers, except for data managed only for making payments.
  • Information from a minimum of 100,000 individual consumers, and they earn over 25% of their total revenue from selling this information.

Under the NHPA, businesses must grant consumers several rights, including confirming if they process the consumer’s personal data, rectifying any inaccuracies, deleting personal data, providing a portable copy of the data, and allowing consumers to opt out of personal data processing for:

  • Targeted advertising.
  • Sale of personal data.
  • Profiling with significant legal or other consequences for the consumer.
New Jersey Privacy Act

The NJPA applies to controllers, which are businesses that decide how personal data is processed. These businesses must operate within the state’s borders or offer products or services to its residents. They must also, during a calendar year, either control or process:

  • Personal data of at least 100,000 consumers, excluding data processed solely for completing payment transactions.
  • Personal data of at least 25,000 consumers and receive revenue or discounts on goods or services from selling personal data.

The NJPA doesn’t specify a minimum revenue requirement for a business to be subject to its rules.

The NJPA mandates that businesses offer consumers various rights, including the ability to verify if their personal data is being processed, rectify any inaccuracies, erase personal data, receive a portable copy of their data from the business, and opt out of personal data processing for:

– Targeted advertising.

– Sale of personal data.

– Profiling leading to legal or significant consequences for the consumer.

Click here for more information.

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