N.H. AG Office Says It Lacks Resources to Enforce Privacy Bill

New Hampshire’s attorney general's office can’t effectively enforce a proposed privacy law without more resources, Consumer Protection and Antitrust Bureau Chief Brandon Garod said Wednesday. The state AG office doesn’t oppose the intent of SB-255, but even good consumer protection bills are "toothless" without enough manpower for enforcement, Garod told the state’s House Judiciary Committee at a livestreamed hearing, he said. “This bill has the potential to create an enormous amount of additional work for the bureau,” which may need another attorney investigator and paralegal to properly handle, he said. That’s “especially because ... the drafters have made the decision to eliminate the private right of action that is present in all other unfair and deceptive acts or practices cases that can currently be brought in the state.” Citing Garod’s concerns, Consumer Reports policy analyst Matt Schwartz suggested adding a private right of action and including additional appropriations for AG enforcement. The bill’s House co-sponsor Rep. Dave Luneau (D) noted his 2019 privacy bill, which passed the House but stalled in the Senate, contained a private right of action. Though SB-255 limits enforcement to the AG, it’s much more specific than the 2019 bill and sets strong standards including for clearer privacy notices, he said. Senate sponsor Sharon Carson (R) said her bill is a “meaningful first step” in providing privacy rights to consumers that’s modeled after Virginia, Colorado and Connecticut laws. Similar bills in Texas, Montana and Indiana are advancing, she said. Rep. Shaun Filiault (D), another co-sponsor, said the bill’s similarity to other laws is an asset. “We're not creating something new. We fortunately have the advantage of following in other states’ footsteps.” Microsoft Senior Director-Public Policy Ryan Harkins urged legislators to pass the bill. The committee is scheduled to vote on SB-255 May 3 at 9 a.m.