What is the New Hampshire Expectation of Privacy (“NHEPA”)?
New Hampshire's Expectation of Privacy Act (EPA), effective January 1, 2025, establishes comprehensive consumer data privacy protections for businesses operating in the state. It applies to entities that control or process personal data for a significant number of consumers and mandates clear privacy notices detailing data practices. Key provisions include the requirement for consent before processing sensitive data, mechanisms for consumers to opt-out of targeted advertising and data sales, and the necessity of data protection assessments for high-risk processing activities. The act grants consumers rights to access, correct, and delete their data, while enforcement is exclusively under the Attorney General's authority, with a designated cure period for compliance. Importantly, there is no private right of action for consumers.
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