Privacy Law Library

Regulation of Biometric Information (government agencies)

NH Government Biometric Law

Biometric · Government records

Bars New Hampshire government agencies from issuing ID cards that require biometric data, requiring biometrics as a condition of service, or otherwise collecting or sharing biometric data, apart from employee and contractor access cards, public safety screening and grandfathered practices. It does not apply to private companies; private-sector biometric data is covered as sensitive data under RSA 507-H.

Where
New Hampshire
Citation
N.H. Rev. Stat. Ann. ch. 359-N
Status
In force
In force since
2014-07-01
Enforced by
Aggrieved individuals through civil actions against government agencies
People can sue
Yes
Penalties
Injunction, actual damages or $2,500 per violation (whichever is greater), and attorney's fees and costs.
Applies to
  • State agencies, municipalities and other political subdivisions of New Hampshire, and their employees, agents and elected officials (does not regulate private businesses)

Rights it gives people

  • Individuals harmed by a violation, including loss or misuse of lawfully collected biometric data, may sue the agency for an injunction, damages of at least $2,500 per violation, and fees.RSA 359-N:4

Practices it requires

  • Government agencies may not issue ID cards or systems requiring biometric data (other than employee, vendor or contractor access cards) or require biometrics as a condition of doing business or obtaining services.RSA 359-N:2, I
  • Destroy biometric data collected for employee, vendor or contractor access cards when the relationship ends; such data is not subject to subpoena.RSA 359-N:2, II

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Research reference, not legal advice.