N.H. Admin. Code § Saf-C 5606.06 - Department Authorization to Financial Institutions, Insurance Companies and Legitimate Businesses to Record, Store or Retain Personal Information in Electronic Form or Format

(a) Notwithstanding any rule to the contrary, the department authorizes the recording, storing or retaining of personal information from any license in any electronic form or format by a financial institution, insurance company, or legitimate business as defined in RSA 260:14, I(d), if the financial institution, insurance company or legitimate business:

(1) Is obtaining the information for use in the conduct of the business to verify the identity of the consumer or to prevent fraud;

(2) Does not sell, rent, transfer or make the information available to another in violation of federal law and the provisions of RSA 260:14;

(3) Does not use the personal information, in whole or in part, obtained from a license to create, combine or link with any other data on any database by the financial institution, insurance company, or legitimate business which is sold, rent, transferred or made available to another person in violation of federal law and the provisions of RSA 260:14; and

(4) Is acting in compliance with applicable federal laws, including Health Insurance Portability and Accountability Act ( P.L. 104-191), USA Patriot Act ( P.L. 107-56), Gramm-Leach-Bliley Act ( P.L. 106-102) and Fair Credit Reporting Act ( 15 U.S.C. §1681 et seq.).

(b) Notwithstanding any rule to the contrary, the department authorizes any business entity in good standing and authorized to do business in New Hampshire, to record, store, retain or transmit to another business entity, personal information from a driver license so long as the business entities comply with all of the provision of Saf-C 5606.06(a) (1) - (4), receive the consent of the license holder, and the personal information is being obtained under one of the following conditions only:

(1) To effect, administer, or enforce a transaction requested or authorized by the person to whom the information pertains;

(2) In connection with servicing or processing payment for a product or service requested or authorized by the person to whom the information pertains; and

(3) For employment screening, so long as the personal information is not transferred, combined or linked with any other data on any database not controlled exclusively by the employer.

Notes

N.H. Admin. Code § Saf-C 5606.06

#7813, EXEMPT, eff 1-1-03