§ 507-H:3 — Exclusions

I. This chapter shall not apply to any:
(a) Body, authority, board, bureau, commission, district or agency of this state or of any political subdivision of this state;
(b) Nonprofit organization;
(c) Institution of higher education;
(d) National securities association that is registered under 15 U.S.C. section 78o-3 of the Securities Exchange Act of 1934, as amended;
(e) Financial institution or data subject to Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq.; or,
(f) A covered entity or business associate, as defined in 45 C.F.R. 160.103.(b).
II. The following information and data shall be exempt from this chapter:
(a) Protected health information under HIPAA;
(b) Patient-identifying information for purposes of 42 U.S.C. section 290dd-2;
(c) Identifiable private information for purposes of the federal policy for the protection of human subjects under 45 C.F.R. 46;
(d) Identifiable private information that is otherwise information collected as part of human subjects research pursuant to the good clinical practice guidelines issued by the International Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use;
(e) The protection of human subjects under 21 C.F.R. Parts 6, 50, and 56, or personal data used or shared in research, as defined in 45 C.F.R. 164.501, that is conducted in accordance with the standards set forth in this chapter, or other research conducted in accordance with applicable law;
(f) Information and documents created for purposes of the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq.;
(g) Patient safety work product for purposes of the Patient Safety and Quality Improvement Act, 42 U.S.C. 299b-21 et seq., as amended;
(h) Information derived from any of the health care related information listed in this subsection that is de-identified in accordance with the requirements for de-identification pursuant to HIPAA;
(i) Information originating from and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this section that is maintained by a covered entity or business associate, program or qualified service organization, as specified in 42 U.S.C. 290dd-2, as amended;
(j) Information used for public health activities and purposes as authorized by HIPAA, community health activities and population health activities;
(k) The collection, maintenance, disclosure, sale, communication or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living by a consumer reporting agency, furnisher or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.;
(l) Personal data collected, processed, sold or disclosed in compliance with the Driver's Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq., as amended;
(m) Personal data regulated by the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g et seq., as amended;
(n) Personal data collected, processed, sold or disclosed in compliance with the Farm Credit Act, 12 U.S.C. 2001 et seq., as amended;
(o) Data processed or maintained in the course of an individual applying to, employed by or acting as an agent or independent contractor of a controller, processor or third party, to the extent that the data is collected and used within the context of that role; as the emergency contact information of an individual under this chapter used for emergency contact purposes; or, that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under HIPPA and used for the purposes of administering such benefits;
(p) Personal data collected, processed, sold or disclosed in relation to price, route or service, as such terms are used in the Airline Deregulation Act, 49 U.S.C. 40101 et seq., as amended, by an air carrier subject to the act, to the extent this chapter is preempted by the Airline Deregulation Act, 49 U.S.C. 41713, as amended;
(q) Personal information maintained or used for purposes of compliance with the regulation of listed chemicals under the federal Controlled Substances Act, 21 U.S.C. section 830; and
(r) Information included in a limited data set as described at 45 C.F.R. 164.514(e), to the extent that the information is used, disclosed, and maintained in the manner specified at 45 C.F.R. 164.514(e).
III. Controllers and processors that comply with the verifiable parental consent requirements of COPPA shall be compliant with any obligation to obtain parental consent pursuant to this chapter.

Legislative History

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