by James P. Reidy, Sheehan Phinney
Updating Author: Brightmine Editorial Team
Understanding New Hampshire’s employee privacy laws is essential for HR leaders who want to maintain compliance, protect employee rights, and reduce organizational risk. This comprehensive guide gives HR teams clarity on the state’s workplace privacy requirements, covering key areas such as monitoring, background checks, personnel records, medical and drug testing, social media practices, and employee data privacy.
New Hampshire’s framework includes both common law and statutory privacy rights, along with rules governing wiretapping, electronic monitoring, credit checks, criminal history inquiries, breach notification obligations, Social Security number protection, and consumer data privacy. These regulations shape how employers collect, store, and manage sensitive employee information.
For HR teams committed to strengthening compliance and building employee trust, this resource highlights the state‑specific privacy obligations every employer must understand to confidently navigate workplace privacy challenges in New Hampshire.
In this guide, learn about:
- Common Law Right to Privacy
- Statutory Right to Privacy
- Wiretapping and Electronic Monitoring
- Credit Checks
- Criminal History Inquiries
- Access by Former Employees to Their Personnel Files
- Determining What Constitutes a Personnel File
- Third Party Access to Personnel Files
- Right to Privacy Act
- Medical and Drug Testing
- Medical Marijuana
- Protection of Personal Information
- Social Security Numbers
- Social Media Protection
- State Employees
- Drug Use
- Freedom of Speech
- Restriction on Subcutaneous Devices
- Consumer Data Privacy
- Future Developments
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For full access to Employee Privacy: New Hampshire, sign up to a HR and Compliance Center subscription today.
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About the authors

Sheehan Phinney
Sheehan Phinney is a full-service law firm that provides a broad range of legal services to clients throughout New England as well as throughout the United States and internationally.
The firm’s labor and employment practice attorneys have experience across the spectrum of employment law and help employers comply with complex employment and workplace issues. They counsel employers on hiring practices, wage and hour, discrimination, family leave, benefits and discipline and termination, and provide support related to drafting and reviewing employee handbooks and agreements, and training managers with respect to issues such as sexual harassment and workplace violence prevention.

Our in-house team of HR experts carefully monitors and updates the Brightmine HR & Compliance Center, the most comprehensive library of employment law and HR resources. This team has an unrivaled wealth of subject matter expertise, with an average of 15 years’ experience. They also bring invaluable, diverse career experiences to the table—the team includes seasoned employment law attorneys, former in-house counsel, SHRM certified professionals and career employment law editors.
In addition to managing the HR & Compliance Center, the Editorial Team supports the content across the Brightmine product portfolio. The Team also supports Marketing Resource Center with breaking HR news, Commentary and Insights, and expert review of key compliance resources, such as our free charts.
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