Law note · New Hampshire
New Hampshire Data Privacy Act, sensitive data and biometric data definitions
NHDPA classifies genetic or biometric data processed to uniquely identify a person, along with racial or ethnic origin, religious belief, a health condition, sexual orientation, citizenship or immigration status, a known child's data, and precise geolocation, as sensitive data requiring the consumer's opt-in consent.
"Biometric data" means data from automatic measurement of a biological characteristic, such as a fingerprint, voiceprint, or eye retina or iris, used to identify a specific individual; the definition excludes a photograph, or data from an audio or video recording, only until that data is generated to identify a specific individual, at which point the exclusion lifts and the data is biometric, and sensitive, data.
What it asks of an app
- Obtain a New Hampshire consumer's opt-in consent before processing sensitive data, including genetic or biometric data processed to uniquely identify the individual, racial or ethnic origin, religious belief, a health condition, sexual orientation, citizenship or immigration status, a known child's data, or precise geolocation.
- Treat a voiceprint or faceprint you deliberately extract from a photograph, video, or audio recording to identify a specific individual as covered biometric data. New Hampshire's exclusion for recording-derived data does not reach data generated for that purpose, even where the source recording was itself publicly available.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official New Hampshire statute text, RSA chapter 507-H, New Hampshire General Court website