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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-D

Why 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

Government AIFacial RecognitionAutomated Decision System

Harms addressed

Who Must Comply

  • New Hampshire state agencies
  • State agency employees using AI systems
  • AI systems deployed by state government

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

Algorithmic accountability
Active safeguards required

Compliance Help

State agencies must: ensure human review of irreversible AI decisions; disclose AI-generated content; notify users of AI interactions; not use AI for discrimination or unauthorized surveillance.

See how NOPE helps

Cite This

APA

New Hampshire. (2024). New Hampshire Use of Artificial Intelligence by State Agencies (HB 1688).

Related Regulations

In Effect US-NH

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.

Enacted US-NY

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.

Enacted US-CT

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.

Enacted US-CO

Colorado AI Act

First comprehensive US state law regulating high-risk AI systems. Modeled partly on EU AI Act with developer and deployer obligations for consequential decisions.

Enacted US-TX

TX Healthcare AI Law

Requires healthcare practitioners using AI for diagnosis to review all AI-generated records and disclose AI use to patients. Mandates EHR data localization (Texas patient data must be physically stored in US). Applies to covered entities and third-party vendors.

Pending US-LA

LA Healthcare AI Act

Regulates use of artificial intelligence by healthcare providers in Louisiana. Permits AI for administrative tasks but prohibits AI from making treatment/diagnosis decisions without licensed professional review, directly interacting with patients on treatment matters, or generating therapeutic recommendations without professional approval.

Last updated January 22, 2026. Verify against primary sources before relying on this information.