New HampshireAI regulation

Regulation Status

• New Hampshire has not adopted a comprehensive AI statute but has enacted several targeted AI laws. The AI Political Advertising Law (HB 1596) prohibits any person within 90 days of an election from distributing an AI-created message that the person knows or should have known is a deepfake of a candidate, election official, or party on the state or local ballot unless an appropriate disclaimer is provided, with equitable relief and damages available.
• The State Agency AI Bill (HB 1688) constrains New Hampshire state agency use of AI by barring discriminatory classification, warrantless real-time remote biometric surveillance in public spaces, and deceptive or malicious deepfakes, while requiring human review of irreversible AI-produced recommendations or decisions, disclosure of generative-AI content produced without human review, and notice when a person is interacting with an AI system.
• The New Hampshire Deepfake Act (HB 1432) makes it unlawful to knowingly create, distribute, or present a deepfake likeness of an identifiable individual for purposes such as embarrassment, harassment, entrapment, defamation, extortion, or other financial or reputational harm, with Class B felony exposure and civil damages.
• The New Hampshire Privacy Act (RSA 507-H:8) gives consumers a right to opt out of profiling by automated processing of personal data in furtherance of solely automated decisions producing legal or similarly significant effects, requires data protection assessments in certain circumstances, and provides for penalties of up to $10,000 per violation.
• The Responsive Generative AI Communication Law (RSA Chapter 270:1) (HB 143) targets certain online services, including AI chat programs whose sole purpose is responsive open-ended generative communication, by prohibiting knowingly directed communications to a child that facilitate, encourage, offer, solicit, or recommend imminent sexually explicit conduct, illegal drug or alcohol use, self-harm or suicide, or crimes of violence; enforcement includes damages of at least $1,000 per violation and Attorney General actions.