Privacy & Cybersecurity Law Blog

On June 19, 2026, New Hampshire Governor Kelly Ayotte signed HB 1460 into law, amending the New Hampshire Data Privacy Act (“NHDPA”) to prohibit the sale of children’s personal data. Under the NHDPA, “child” has the same meaning as under the Children’s Online Privacy Protection Act (“COPPA”), which defines a child as “an individual under the age of 13.”

Prior to the amendment, the NHDPA required controllers to obtain opt-in consumer consent before processing any “sensitive data” (including “personal data collected from a known child”), and prohibited controllers from processing sensitive data concerning a known child without processing such data in accordance with COPPA. The law also provided that controllers that comply with the verifiable parental consent requirements of COPPA would be compliant with “any obligation to obtain parental consent” under the NHDPA.

This amendment further heightens protections for children’s personal data under the NHDPA by prohibiting the sale of a child’s personal data, with or without consent. The NHDPA defines “sale of personal data” to mean “the exchange of personal data for monetary or other valuable consideration by the controller to a third party.” The amendment takes effect January 1, 2027.