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Can you summarize NHRS Chapter 359-C?
TRADE AND COMMERCE (Chapters 333 - 359-U) > RIGHT TO PRIVACY
Short Summary
The legal document, part of the New Hampshire Revised Statutes under the TRADE AND COMMERCE section, focuses on the right to privacy in relation to financial and credit records. It applies to financial institutions, creditors, customers, and state or local agencies or departments in New Hampshire. The document prohibits the unauthorized access, disclosure, or use of financial or credit records by officers, employees, or agents of state or local agencies or departments, unless certain conditions are met. These conditions include customer authorization, administrative subpoena, search warrant, or judicial subpoena. Financial institutions or creditors are not required to verify compliance with the requirements, as long as the authorization or legal order shows compliance on its face. The document also governs the use and retention of financial or credit records obtained by state agencies, local agencies, or supervisory agencies, specifying that such records should only be used for the specific statutory purposes for which they were obtained. The document provides exceptions for disclosure made in the normal course of business, cases of suspected fraud, and disclosure to supervisory agencies or the commissioner of the department of health and human services for specific purposes. It also outlines the process for customer authorized disclosure, including the conditions for customer authorization and the right to revoke such authorization. The document establishes procedures and guidelines for obtaining financial or credit records through subpoenas, including the requirements for issuance, service, and notice periods. It also provides remedies for violations of the provisions, including the right to bring an action for damages and equitable relief, as well as the recovery of costs and attorney’s fees. The document specifies that the remedies provided are exclusive and that any attempt to waive the right to damages is considered void and unenforceable. Overall, the document aims to protect the privacy of financial and credit records in New Hampshire and provides guidelines for their access, use, and disclosure.
Whom does it apply to?
The document applies to financial institutions, creditors, customers, and state or local agencies or departments in New Hampshire.
What does it govern?
The legal document governs the right to privacy in the context of financial and credit records in New Hampshire.
What are exemptions?
The document provides exemptions for disclosure made in the normal course of business, cases of suspected fraud, and disclosure to supervisory agencies or the commissioner of the department of health and human services for specific purposes.
What are the Penalties?
No specific penalties are mentioned in this document.
Jurisdiction
New Hampshire