NH State AI Act
New Hampshire Use of Artificial Intelligence by State Agencies (HB 1688)
Regulates AI use by New Hampshire state agencies. Prohibits AI for unlawful discrimination, real-time biometric surveillance in public spaces (except law enforcement with warrant), and malicious deepfakes. Requires human oversight for irreversible AI decisions and mandatory AI disclosure to users.
Jurisdiction
New Hampshire
Enacted
Jul 12, 2024
Effective
Jul 1, 2024
Enforcement
New Hampshire Department of Information Technology
Signed by Governor Sununu July 12, 2024; effective immediately
NH RSA Chapter 5-DWhy It Matters
Sets precedent for government AI regulation. Biometric surveillance ban with law enforcement exception. Human oversight requirement for consequential decisions. Model for other states' government AI policies.
Recent Developments
One of the most comprehensive state government AI use laws in the US. Establishes human-in-the-loop requirements and biometric surveillance restrictions.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- New Hampshire state agencies
- State agency employees using AI systems
- AI systems deployed by state government
Obligations fall on:
Safety Provisions
- Prohibition on AI classification leading to unlawful discrimination based on behavior, socio-economic status, or personal characteristics
- Ban on real-time biometric identification/surveillance in public spaces (law enforcement warrant exception)
- Prohibition on deepfakes for deceptive or malicious purposes
- Human oversight required before irreversible AI recommendations/decisions take effect
- Mandatory disclosure when generative AI content not reviewed by human
- User notification when interacting with AI systems directly or indirectly
Exemptions
Law Enforcement Warrant Exception
Biometric identification permitted for law enforcement with valid warrant
- • Law enforcement use
- • Valid warrant obtained
Compliance & Enforcement
Key Dates
Jul 1, 2024
All provisions take effect
Penalties
Administrative compliance mechanisms; removal of prohibited systems. No explicit civil/criminal penalties specified.
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New Hampshire
Focus Areas
Cite This
APA
New Hampshire. (2024). New Hampshire Use of Artificial Intelligence by State Agencies (HB 1688).
Related Regulations
NH Deepfakes Act
Criminalizes fraudulent use of deepfakes as a Class B felony (1-7 years imprisonment). First state law with explicit private right of action for deepfake victims. Enhanced penalties when deepfakes result in wrongful arrest. Prohibits lobbyists who violate the law from registering.
NY RAISE Act
Requires large AI developers of frontier models operating in New York to create safety protocols, report critical incidents within 72 hours, conduct annual reviews, and undergo independent audits. Creates dedicated DFS office funded by developer fees.
Colorado AI Act
Colorado law regulating automated decision-making technology (ADMT) that materially influences consequential decisions in areas such as employment, housing, healthcare, financial services, and insurance. SB 26-189 repealed and replaced the 2024 Colorado AI Act framework, narrowing both scope and obligations.
CT SB 1295
Creates COMPLETE BAN on targeted advertising to under-18s regardless of consent. Requires AI impact assessments. Connecticut issued first CTDPA fine ($85,000) in 2025.
NH HB 143
Criminalizes use of AI-generated responsive communications to facilitate, encourage, or solicit harmful acts to children, and creates a private right of action for affected children and their parents.
MD HB 895
First US state law to outright ban surveillance-based personalized pricing in food retail and third-party delivery, prohibiting use of protected class data and dynamic pricing tied to consumer personal data with limited exceptions for cost-based pricing, loyalty programs, and explicit consent.
Last updated January 22, 2026. Verify against primary sources before relying on this information.