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Section 359-C:1 – Short Title.

    359-C:1 Short Title. – This chapter may be cited as the New Hampshire right to privacy act. Source. 1977, 594:1, eff. Sept. 17, 1977.

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.

Section 359-C:16 – Effect of Customer Waiver.

    359-C:16 Effect of Customer Waiver. – Except as provided in RSA 359-C:7, no waiver by a customer of any right hereunder shall be valid, whether oral or written, and whether with or without consideration. Source. 1977, 594:1, eff. Sept. 17, 1977.

Section 359-C:17 – Priority of This Chapter.

    359-C:17 Priority of This Chapter. – Should any other law grant or appear to grant power or authority to any person to violate the provisions of this chapter, the provisions of this chapter shall supersede and pro tanto override and annul such law, except those statutes enacted after September 17, 1977, which specifically refer […]

Section 359-C:18 – Provisions Severable.

    359-C:18 Provisions Severable. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be effected, without the invalid provision or application, and to this end the provisions […]

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:2 – Purpose.

    359-C:2 Purpose. – The general court finds and declares as follows: I. The confidential relationships between financial institutions and creditors and their respective customers are built on trust and must be preserved and protected. II. The purpose of this chapter is to protect the confidential relationship between financial institutions and creditors and their respective […]

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:3 – Definitions.

    359-C:3 Definitions. – In this chapter: I. "Credit" means any permission granted to any person to defer payment of any debt, or to incur any debt and defer payment of such debt. II. "Creditor" means any person who regularly extends, or arranges for the extension of, credit for which the payment of a finance […]

Section 359-C:4 – Access to Records.

    359-C:4 Access to Records. – I. Except as provided in RSA 359-C:11, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request […]

Section 359-C:5 – Disclosure of Records.

    359-C:5 Disclosure of Records. – I. Except in accordance with requirements of RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10, no financial institution or creditor, nor any director, officer, employee, or agent thereof may provide or authorize another to provide to an officer, employee or agent of a state or local agency or department thereof any […]

Section 359-C:6 – Use Restricted.

    359-C:6 Use Restricted. – Copies of financial or credit records or the information contained therein, including information supplied pursuant to RSA 359-C:11, II, which are obtained by any state agency, local agency or supervisory agency may not be: I. Used or retained in any form for any purpose other than the specific statutory purposes […]

Section 359-C:7 – Customer Authorized Disclosure.

    359-C:7 Customer Authorized Disclosure. – I. A customer may authorize disclosure under RSA 359-C:4, I(a), if those seeking disclosure furnish to the financial institution or creditor a signed and dated statement by which the customer: (a) Authorizes such disclosure for a period to be set forth in the authorization statement; (b) Specifies the name […]