TITLE XXXI
TRADE AND COMMERCE
Chapter 359-N
REGULATION OF BIOMETRIC INFORMATION
Section 359-N:1
359-N:1 Definitions. –
In this chapter:
I. "Biometric data" includes, but is not limited to, the following:
(a) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics.
(b) Facial feature pattern characteristics.
(c) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence.
(d) Voice data used for comparing live speech with a previously-created speech model of a person's voice.
(e) Iris recognition data containing color or texture patterns or codes.
(f) Keystroke dynamics, measuring pressure applied to key pads.
(g) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in 3 dimensions.
(h) Retinal scans, reading through the pupil to measure blood vessels lining the retina.
(i) DNA/RNA.
II. "Government agency" includes any employee, agent, elected official or entity of the state, a municipality, or any other political subdivision of the state of New Hampshire.
Source. 2014, 162:1, eff. July 1, 2014.
Section 359-N:2
359-N:2 Collection of Biometric Data Prohibited. –
I. No government agency shall:
(a) Issue an identification card, other than an employee, vendor, or contractor identification or access card, device or system, or use an identification device or system, that requires the collection or retention of an individual's biometric data.
(b) Require an individual to disclose or provide biometric data as a condition of doing business with, engaging in any business activity or relationship with, or obtaining services from, that agency.
(c) Obtain, retain, or provide any individual's biometric data except as set forth in this chapter.
II. Any biometric data collected for an employee, vendor, or contractor identification or access card shall be destroyed when the individual terminates his or her relationship with the agency. No biometric data collected under this section shall be subject to a subpoena.
III. Nothing in paragraphs I and II shall prohibit the disclosure, collection, or retention of biometric data from applicants for and persons employed in positions with state, county, or local public safety agencies as part of the employment screening process, or for obtaining required security clearances, or in connection with investigations of internal misconduct or crimes and offenses.
Source. 2014, 162:1, eff. July 1, 2014.
Section 359-N:3
359-N:3 Exemptions. –
The prohibition in RSA 359-N:2 shall not apply to biometric data collection practices implemented pursuant to statute or practice prior to the effective date of this section, provided that the government agency shall not subsequently expand or modify the type of data collected or the purpose for which it is collected without legislative approval. Legislative approval shall not be required for an airport to expand or modify its biometric collection and use practices if identified in the airport's federally-mandated airport security program and approved by the U.S. Transportation Security Administration. Nothing in this chapter shall limit the collection of biometric evidence by law enforcement agencies at crime scenes or its examination and analysis by forensic laboratories. The admissibility at trials of biometric evidence and expert opinion based on such evidence shall be determined by the presiding judge within the parameters and limits specified in the rules of evidence.
Source. 2014, 162:1, eff. July 1, 2014.
Section 359-N:4
359-N:4 Violation; Civil Action. –
Any individual aggrieved by a violation of this chapter, including the loss or misuse of biometric data lawfully collected under RSA 359-N:2 or 359-N:3, may bring a civil action against a government agency under this section to obtain the following:
I. An injunction of the agency practice;
II. Actual damages or $2,500 for each violation, whichever is greater; and
III. Reasonable attorney's fees and court costs.
Source. 2014, 162:1, eff. July 1, 2014.