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Can I store personal information about my customers in New Hampshire? What are the requirements?
Based on the information provided in the context documents, you may store personal information about your customers in New Hampshire under certain conditions. Please see the requirements below:
Requirements for Storing Personal Information in New Hampshire
- If you are a financial institution, insurance company, or legitimate business, you may record, store, or retain personal information from any license in any electronic form or format, provided that you comply with the following conditions [1.3]:
- You are obtaining the information for use in the conduct of the business to verify the identity of the consumer or to prevent fraud.
- You do not sell, rent, transfer, or make the information available to another in violation of federal law and the provisions of RSA 260:14.
- You do not use the personal information, in whole or in part, obtained from a license to create, combine, or link with any other data on any database by the financial institution, insurance company, or legitimate business which is sold, rent, transferred, or made available to another person in violation of federal law and the provisions of RSA 260:14.
- You are acting in compliance with applicable federal laws, including Health Insurance Portability and Accountability Act (P.L. 104-191), USA Patriot Act (P.L. 107-56), Gramm-Leach-Bliley Act (P.L. 106-102), and Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).
- If you are a business entity in good standing and authorized to do business in New Hampshire, you may record, store, retain, or transmit to another business entity personal information from a driver license so long as you comply with all of the provisions of Saf-C 5606.06(a) (1) – (4), receive the consent of the license holder, and the personal information is being obtained under one of the following conditions only [1.3]:
- To effect, administer, or enforce a transaction requested or authorized by the person to whom the information pertains.
- In connection with servicing or processing payment for a product or service requested or authorized by the person to whom the information pertains.
- For employment screening, so long as the personal information is not transferred, combined, or linked with any other data on any database not controlled exclusively by the employer.
Please note that the above requirements are not exhaustive and you should consult with a legal professional to ensure that you are in compliance with all applicable laws and regulations.
[1.3]Source(s):
Jurisdiction
New Hampshire