§ 507-H:10 — Controller Responsibilities and Obligations

I. Nothing in this chapter shall be construed to restrict a controller's or processor's ability to:
(a) Comply with federal, state or municipal ordinances or regulations;
(b) Comply with a civil, criminal or regulatory inquiry, investigation, subpoena or summons by federal, state, municipal or other governmental authorities;
(c) Cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state or municipal ordinances or regulations;
(d) Investigate, establish, exercise, prepare for or defend legal claims;
(e) Provide a product or service specifically requested by a consumer;
(f) Perform under a contract to which a consumer is a party, including fulfilling the terms of a written warranty;
(g) Take steps at the request of a consumer prior to entering into a contract;
(h) Take immediate steps to protect an interest that is essential for the life or physical safety of the consumer or another individual, and where the processing cannot be manifestly based on another legal basis;
(i) Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities or any illegal activity, preserve the integrity or security of systems or investigate, report or prosecute those responsible for any such action;
(j) Engage in public or peer-reviewed scientific or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored and governed by an institutional review board that determines, or similar independent oversight entities that determine;
(1) Whether the deletion of the information is likely to provide substantial benefits that do not exclusively accrue to the controller;
(2) The expected benefits of the research outweigh the privacy risks; and
(3) Whether the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with re-identification;
(k) Assist another controller, processor, or third-party with any of the obligations under this chapter; or
(l) Process personal data for reasons of public interest in the area of public health, community health, or population health, but solely to the extent that such processing is:
(1) Subject to suitable and specific measures to safeguard the rights of the consumer whose personal data is being processed; and
(2) Under the responsibility of a professional subject to confidentiality obligations under federal, state, or local law.
II. The obligations imposed on controllers or processors under this chapter shall not restrict a controller's or processor's ability to collect, use or retain data for internal use to:
(a) Conduct internal research to develop, improve, or repair products, services, or technology;
(b) Effectuate a product recall;
(c) Identify and repair technical errors that impair existing or intended functionality; or
(d) Perform internal operations that are reasonably aligned with the expectations of the consumer or reasonably anticipated based on the consumer's existing relationship with the controller, or are otherwise compatible with processing data in furtherance of the provision of a product or service specifically requested by a consumer or the performance of a contract to which the consumer is a party.
III. The obligations imposed on controllers or processors under this chapter shall not apply where compliance by the controller or processor with said sections would violate an evidentiary privilege under the laws of this state. Nothing in this chapter shall be construed to prevent a controller or processor from providing personal data concerning a consumer to a person covered by an evidentiary privilege under the laws of the state as part of a privileged communication.
IV. A controller or processor that discloses personal data to a processor or third-party controller in accordance with this chapter shall not be deemed to have violated said sections if the processor or third-party controller that receives and processes such personal data violates said sections, provided, at the time the disclosing controller or processor disclosed such personal data, the disclosing controller or processor did not have actual knowledge that the receiving processor or third-party controller would violate said sections. A third-party controller or processor receiving personal data from a controller or processor in compliance with this chapter is likewise not in violation of said sections for the transgressions of the controller or processor from which such third-party controller or processor receives such personal data.
V. Nothing in this chapter shall be construed to:
(a) Impose any obligation on a controller or processor that adversely affects the rights or freedoms of any person, including, but not limited to, the rights of any person to freedom of speech or freedom of the press guaranteed in the First Amendment to the United States Constitution; or
(b) Apply to any person's processing of personal data in the course of such person's purely personal or household activities.
VI. Personal data processed by a controller pursuant to this section may be processed to the extent that such processing is:
(a) Reasonably necessary and proportionate to the purposes listed in this section; and
(b) Adequate, relevant, and limited to what is necessary in relation to the specific purposes listed in this section. Personal data collected, used, or retained under RSA 507-H:10, I(b), where applicable, take into account the nature and purpose or purposes of such collection, use, or retention. Such data shall be subject to reasonable administrative, technical, and physical measures to protect the confidentiality, integrity, and accessibility of the personal data and to reduce reasonably foreseeable risks of harm to consumers relating to such collection, use or retention of personal data.
VII. If a controller processes personal data pursuant to an exemption in this section, the controller bears the burden of demonstrating that such processing qualifies for the exemption and complies with the requirements in RSA 507-H:10, VI.
VIII. Processing personal data for the purposes expressly identified in this section shall not solely make a legal entity a controller with respect to such processing.

Legislative History

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