Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Data Privacy topic
No spam. Unsubscribe anytime.
DOJ backs bill to ban sale of children's location data; sponsor says measure balances safety and services
Summary
Representative Melissa Lichfield told the committee HB 1460 would prohibit selling location and other sensitive data for children under 13 while still allowing service uses (for example parental location features); the Department of Justice testified in favor and noted peer states have enacted similar restrictions.
Representative Melissa Lichfield introduced HB 1460, telling the committee that location information about children can be collected by apps or devices and sold into data markets where it can be aggregated and repurposed. "A child's location should not be something that is bought and sold," Lichfield said, explaining the bill draws a narrow line between using data to provide services and turning that same data into a product for sale.
Warren Cormarmac, assistant attorney general and head of the DOJ data‑privacy unit, testified the bill fits within RSA 507‑H (New Hampshire's Data Privacy Act) and would prevent entities from selling location data for children under 13 even with parental consent under COPA. He noted other states have adopted stronger protections and provided statutory definitions for ‘‘sale’’ and ‘‘sensitive data’’ within the existing framework. DOJ recommended the bill as a targeted way to prevent profiling or tracking that could expose children to risks, including predation or trafficking.
Committee members asked technical questions about the statutory definition of "sale," trading or exchange for consideration, and how the bill would interact with existing exceptions (mergers, bankruptcies) and definitions already in RSA 507‑H. Cormarmac explained the data‑privacy act defines "sale" as an exchange for valuable consideration and includes specific exceptions; the bill uses the same definitions.
There was general support from committee members for a focused prohibition on commercial sale of under‑13 children’s location data while preserving legitimate service uses for parents and families. The committee did not take an immediate vote at the close of the public hearing, but committee discussion later moved HB 1460 forward in executive session.
