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NH Republicans Propose Property Rights for Personal Information

People in New Hampshire would gain property rights over personal information under a state bill pre-filed for the 2026 session by 10 House Republicans.

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HB-1436 would establish “property rights in personal digital information, including data stored on cloud servers,” according to proposed bill text. The New Hampshire General Court would also make a finding that “advances in technology and business practices involving the transfer of personal information to third-party platforms and cloud service providers have put consumers and citizens at considerable risk of being divested of rights in their information that they actually retain.”

“Common law recognition of people's retained rights in information so transferred has not been sufficiently recognized,” adds the bill. “Recognition of the rights people retain in information they share with others in controlled contexts, such as providing services or sharing in confidential relationships, will help protect privacy without hindering information flows or the development of new business models and services … Individuals retain property rights in information they share subject to appropriate controls, so that it is legally and constitutionally their information.”