Affirmative Testimony on HB 1436 HB 1436 aims to establish crucial protections for personal digital information and cloud-stored files, recognizing the need for individuals to maintain ownership and rights over their own data in a rapidly evolving digital landscape. This legislation acknowledges the significant risks posed by current practices, where consumers often lose rights to their personal information upon transferring it to third-party platforms. By establishing property rights in personal digital information, the bill ensures that individuals retain ownership of their data, fostering consumer trust and confidence in sharing sensitive information. This legal foundation is essential as it mitigates the risks of unauthorized use and data breaches that can result from lax protections. Furthermore, HB 1436 enforces constitutional safeguards by affirming that digital records are protected from unreasonable government searches and seizures, requiring a warrant based on probable cause for access. This fortification of privacy rights aligns with the principles outlined in both the New Hampshire Constitution and the Fourth Amendment of the U.S. Constitution. The bill also establishes a legal presumption of bailment for unpublished content, which can stimulate fair contractual relationships between consumers and service providers. By distinguishing private unpublished information from public data, HB 1436 not only reinforces individual rights but also supports the development of innovative business models that respect consumer privacy. Overall, the enactment of this legislation represents a significant advancement in protecting personal digital information, ensuring that technology serves to empower consumers rather than undermine their rights.
HB1436
House · 2026 sessionRepublicanDied in HouseProperty rights in digital and cloud data
AIEstablishes property rights in personal digital information and cloud-stored files, creates a legal presumption of bailment for unpublished content, and requires a warrant for government access absent other legal authorization.
relative to the classification and protection of personal digital information and cloud-stored files.
Property - Real and PersonalCourts and ProcedureCrimes, Crim.Proc. & Corr.
Status
Died on the table in the House · February 5, 2026- ✓Introduced
- ✕House
- Senate
- Governor
- Law
Division of testimony
7 submissionsSupport 4Oppose 3Neutral 0
Georgina LambertSupportBelmont, NHfor MyselfJan 14, 2026
Daniel RichardsonSupportNashua, NHfor MyselfJan 14, 2026
We definitely need this legal protection. Now if we only had violation detection, enforcement, and punishment.
Catherine BerubeOpposeDOVER, NHfor NH Registry of Deeds AssociationJan 14, 2026
Position recorded without written comment.
William MartinezOpposeBloomfield, NJfor State Privacy and Security CoalitionJan 14, 2026
Position recorded without written comment.
Christopher GilreinOpposeBoston, MAfor TechNetJan 14, 2026
Position recorded without written comment.
Katie McLaughlinSupportWeare, NHfor MyselfJan 14, 2026
Position recorded without written comment.
Eric PauerSupportBrookline, NHfor MyselfJan 14, 2026
Position recorded without written comment.