Section 359-C:19 – Definitions.
359-C:19 Definitions. – In this subdivision: I. " Computerized data " means personal information stored in an electronic format. II. " Encrypted " means the transformation of data through the use of an algorithmic process into a form for which there is a low probability of assigning meaning without use of a confidential process […]
Section 359-C:20 – Notification of Security Breach Required.
359-C:20 Notification of Security Breach Required. – I. (a) Any person doing business in this state who owns or licenses computerized data that includes personal information shall, when it becomes aware of a security breach, promptly determine the likelihood that the information has been or will be misused. If the determination is that misuse […]
Section 359-C:21 – Violation.
359-C:21 Violation. – I. Any person injured by any violation under this subdivision may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages. If the court finds […]
Section 359-C:10 – Obtaining Records by Subpoena.
359-C:10 Obtaining Records by Subpoena. – I. An officer, employee or agent of a state or local agency or department thereof may obtain financial or credit records under RSA 359-C:4, I(d), pursuant to a judicial subpoena or subpoena duces tecum only if: (a) The subpoena or subpoena duces tecum is issued and served upon […]
Section 359-C:11 – Exceptions.
359-C:11 Exceptions. – Nothing in this chapter prohibits any of the following: I. The dissemination of any financial or credit information which is not identified with, or identifiable as being derived from, the financial or credit records of a particular customer. II. When any police or sheriff’s department or county attorney in this state […]
Section 359-C:12 – Criminal Penalties.
359-C:12 Criminal Penalties. – I. Any person who wilfully or knowingly participates in a violation of this chapter is guilty of a misdemeanor. II. Any person who induces or attempts to induce a violation of this chapter is guilty of a misdemeanor. Source. 1977, 594:1, eff. Sept. 17, 1977.
Section 359-C:13 – Costs.
359-C:13 Costs. – In any successful action to enforce liability for a violation of the provisions of this chapter, the customer may recover the cost of the action together with reasonable attorney’s fees as determined by the court. Source. 1977, 594:1, eff. Sept. 17, 1977.
Section 359-C:14 – Injunction.
359-C:14 Injunction. – In addition to any other remedy contained in this chapter, injunctive relief shall be available to any customer aggrieved by a violation, or threatened violation, of this chapter in the same manner as such injunctive relief would be available if the financial or credit records concerning the customer accounts were in […]
Section 359-C:14-a – Remedies Exclusive.
359-C:14-a Remedies Exclusive. – The remedies provided under the provisions of this chapter shall be the exclusive remedies available to a customer aggrieved by a violation of the provisions of this chapter. Source. 1983, 174:8, eff. Aug. 9, 1983.
Section 359-C:15 – Statute of Limitations.
359-C:15 Statute of Limitations. – An action to enforce any provision of this chapter must be commenced within 3 years after the date on which the violation occurred. Source. 1977, 594:1, eff. Sept. 17, 1977.