How HB 1436 changes current law

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes property rights in personal digital information and clarifies protections against government searches.

• RSA 507-H

  507-H:13 Property Treatment of Personal Information. I. One who takes possession of and places the unpublished personal information of another into a digital record, including but not limited to those stored in a cloud server, is presumed to create a bailment for mutual benefit, subject to terms established by contract. II. Personal information that remains identifiable after incorporation in a digital record is presumed to remain the property of its original owner. III. A digital record derivative of such a record containing no personally identifiable information is presumed to belong to its creator by rules of accession. IV. For purposes of article 19 of the New Hampshire constitution, the Fourth Amendment to the United States Constitution, and RSA 595-A, a digital document or record, whether stored locally on a device or in a cloud server subject to contractual protections against disclosure, shall be presumed the person's “papers” or “effects,” and is protected from unreasonable search or seizure. No government entity shall access, search, or seize the contents of such documents or records except pursuant to a warrant issued upon probable cause by a court of competent jurisdiction, or as otherwise specifically authorized by law.

  This adds a new section that establishes property rights for personal digital information and outlines conditions regarding search and seizure.

• RSA 507-H

  507-H:14 Exceptions. Unpublished personal information shall be presumed not to include any information: I. Whose owner has made it public; II. Lawfully obtained and disclosed for news reporting or public commentary on matters of public concern; III. Representing or derived from activities conducted as a public official or agent of the state; IV. The use of which is strictly necessary to preserve life or property from imminent threats.

  This adds exceptions to the definition of unpublished personal information, clarifying what does not qualify for protection.

• 507-H:15 Severability. If any provision of this subdivision or its application is held invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provision.

  This introduces a severability clause to ensure that if one part of the law is invalidated, the rest remains effective.