In this chapter:
I. "Affiliate" means a legal entity that shares common branding with another legal entity, or is controlled by, or is under common control with, another legal entity.
II. "Control" or "Controlled" means ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or, the power to exercise controlling influence over the management of a company.
III. "Authenticate" means to use reasonable means to determine that a request to exercise any of the rights afforded under RSA 507-H:4, I(a)-(d) is being made by, or on behalf of, the consumer who is entitled to exercise such consumer rights with respect to the personal data at issue.
IV. "Biometric data" means data generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises or other unique biological patterns, or characteristics that are used to identify a specific individual. "Biometric data" does not include a digital or physical photograph, an audio or video recording, or any data generated from a digital or physical photograph, or an audio or video recording, unless such data is generated to identify a specific individual.
V. "Business associate" has the same meaning as provided in the Health Insurance Portability and Accountability Act (HIPAA).
VI. "Child" has the same meaning as provided in the Children's Online Privacy Protection Act (COPPA).
VII. "Consent" means a clear affirmative act signifying a consumer's freely given, specific, informed and unambiguous agreement to allow the processing of personal data relating to the consumer. "Consent" may include a written statement, including by electronic means, or any other unambiguous affirmative action. "Consent" does not include acceptance of a general or broad terms of use or similar document that contains descriptions of personal data processing along with other, unrelated information; hovering over, muting, pausing or closing a given piece of content; or, an agreement obtained through the use of deceptive design patterns (also known as "dark patterns").
VIII. "Consumer" means an individual who is a resident of this state. "Consumer" does not include an individual acting in a commercial or employment context or as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit or government agency whose communications or transactions with the controller occur solely within the context of that individual's role with the company, partnership, sole proprietorship, nonprofit or government agency.
IX. "Controller" means an individual who, or legal entity that, alone or jointly with others determines the purpose and means of processing personal data.
X. "COPPA" means the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501, et seq., and any amendments, regulations, rules, guidance and exemptions adopted under that act.
XI. "Covered entity" has the same meaning as provided in HIPAA.
XII. "Dark pattern" or "deceptive design pattern" means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision-making or choice, and includes, but is not limited to, any practice the Federal Trade Commission refers to as a "dark pattern".
XIII. "Decisions that produce legal or similarly significant effects concerning the consumer" means decisions made by the controller that result in the provision or denial by the controller of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health care services or access to essential goods or services.
XIV. "De-identified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual, or a device linked to such individual, if the controller that possesses such data takes reasonable measures to ensure that such data cannot be associated with an individual; publicly commits to process such data only in a de-identified way and not attempt to re-identify such data; and, contractually obligates any recipients of such data to satisfy the criteria under this paragraph.
XV. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq., as amended.
XVI. "Identified or identifiable individual" means an individual who can be readily identified, directly or indirectly.
XVII. "Institution of higher education" means any individual who, or school, board, association, limited liability company or corporation that, is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees.
XVIII. "Nonprofit organization" means any organization that is exempt from taxation under Section 501(c)(3), 501(c)(4), 501(c)(6) or 501(c)(12) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended.
XIX. "Personal data" means any information that is linked or reasonably linkable to an identified or identifiable individual. "Personal data" does not include de-identified data or publicly available information.
XX. "Precise geolocation data" means information derived from technology, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet. "Precise geolocation data" does not include the content of communications or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
XXI. "Process" or "processing" means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion or modification of personal data.
XXII. "Processor" means an individual who, or legal entity that, processes personal data on behalf of a controller.
XXIII. "Profiling" means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
XXIV. "Protected health information" has the same meaning as provided in HIPAA.
XXV. "Pseudonymous data" means personal data that cannot be attributed to a specific individual without the use of additional information, provided such additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual.
XXVI. "Publicly available information" means information that is lawfully made available through federal, state, municipal government records, or widely distributed media, and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.
XXVII. "Sale of personal data" means the exchange of personal data for monetary or other valuable consideration by the controller to a third party. "Sale of personal data" does not include:
(a) The disclosure of personal data to a processor that processes the personal data on behalf of the controller;
(b) The disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer;
(c) The disclosure or transfer of personal data to an affiliate of the controller;
(d) The disclosure of personal data where the consumer directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party;
(e) The disclosure of personal data that the consumer intentionally made available to the general public via a channel of mass media, and did not restrict to a specific audience; or,
(f) The disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy or other transaction, or a proposed merger, acquisition, bankruptcy or other transaction, in which the third party assumes control of all or part of the controller's assets.
XXVII-a. "Secure and reliable means" are methods, systems, technologies, or processes that are designed to reasonably ensure the protection, integrity, and confidentiality of data or information, and consistently function in a dependable manner. They include, but are not limited to encryption protocols, authentication mechanisms, access controls, redundant systems, and other measures designed to safeguard personal data and ensure consistent performance and reasonable and appropriate physical, technical, organizational, and administrative measures to safeguard and keep personal data confidential.
XXVIII. "Sensitive data" means personal data that includes data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or citizenship or immigration status; the processing of genetic or biometric data for the purpose of uniquely identifying an individual; personal data collected from a known child; or, precise geolocation data.
XXIX. "Targeted advertising" means displaying advertisements to a consumer where the advertisement is selected based on personal data obtained or inferred from that consumer's activities over time and across nonaffiliated Internet websites or online applications to predict such consumer's preferences or interests. "Targeted advertising" does not include:
(a) Advertisements based on activities within a controller's own Internet websites or online applications;
(b) Advertisements based on the context of a consumer's current search query, visit to an Internet website, or online application;
(c) Advertisements directed to a consumer in response to the consumer's request for information or feedback; or,
(d) Processing personal data solely to measure or report advertising frequency, performance, or reach.
XXX. "Third-party" means an individual or legal entity, such as a public authority, agency, or body, other than the consumer, controller, or processor, or an affiliate of the processor or the controller.