The privacy field continues to evolve with the creation of a new Data Privacy Unit within the New Hampshire Department of Consumer Protection and Antitrust. This new unit will enforce New Hampshire’s Data Privacy Law, which will take effect on January 1, 2025. Enforcement will include seeking civil penalties against companies that fail to comply with consumer rights requests. The Attorney General’s Office is currently accepting applications for the new unit.
Of interest to businesses, the Data Privacy Unit plans to issue a series of FAQs leading up to the law’s effective date of January 1, 2025. The FAQs are intended to help consumers and businesses understand their rights and responsibilities under the Privacy Act. While this is not formal rulemaking as we’ve seen in California and Colorado, this type of guidance could be another example of how enforcement agencies interpret state laws. It could also provide guidance for businesses considering their privacy programs.
In Practice: Other states may follow New Hampshire’s lead and create agencies or departments within their Attorney General’s offices to help enforce their privacy laws. States can choose how to provide companies with the tools they need to comply with new privacy laws. As always, companies should stay vigilant and adapt to changes in state privacy laws.