Employers in New Hampshire can monitor emails and usage on company-provided electronic equipment, including electronic mail, as explicitly permitted under state law. This authority supports workplace policies on internet, social networking, and email use, but does not extend to demanding login credentials for employees’ personal accounts or services. Employers may request access only to work-provided accounts or devices they supply and pay for.​
Employee Privacy Protections
New Hampshire prohibits employers from requiring employees or applicants to disclose personal account logins, add contacts to private lists, or alter privacy settings to expose content. Retaliation, such as discipline for refusing these demands, is banned, though employers retain rights to public domain information or investigations into misconduct like proprietary data leaks. Inadvertent receipt of personal passwords during monitoring does not create liability if not used to access private accounts.​
Data Privacy Laws Overview
The New Hampshire Privacy Act, effective January 1, 2025, mandates controllers processing personal data of 35,000+ consumers provide clear privacy notices detailing data categories, purposes, third-party sharing, and rights exercise methods. Opt-in consent is required for sensitive data processing, with universal opt-out mechanisms for targeted advertising and data sales. Email addresses qualify as private information under the Act.​
Cybersecurity Requirements
Businesses must notify affected individuals promptly of security breaches involving personal information if misuse is likely, per RSA 359-C:20. Violations of the Privacy Act fall under consumer protection laws, with civil penalties up to $10,000 per violation enforceable by the Attorney General. These rules apply to entities targeting New Hampshire residents, emphasizing controller due diligence on data handling.
SOURCES
[1](https://law.justia.com/codes/new-hampshire/title-xxiii/chapter-275/section-275-74/)
[2](https://law.justia.com/codes/new-hampshire/2023/title-xxiii/chapter-275/section-275-74/)
[3](https://www.nhlawoffice.com/blog/2019/december/can-my-employer-ask-about-my-social-media-inform/)
[4](https://www.kiteworks.com/risk-compliance-glossary/new-hampshire-privacy-act/)
[5](https://datamatters.sidley.com/2024/03/25/new-hampshires-comprehensive-data-privacy-legislation/)
