HB1508

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This would be a WILD violation of the privacy expectations we treasure in New Hampshire. Absolutely not.

Testimony Exposing Potential Underpinnings of HB 1508 HB 1508 seeks to allow one-party consent for audio and video recordings under specific circumstances, ostensibly promoting transparency in communications. However, this proposal raises significant concerns regarding privacy and the potential for misuse. By permitting individuals to record conversations without the consent of all parties involved, the bill undermines confidentiality and could foster an environment where trust is eroded. This lack of mutual consent may particularly endanger sensitive discussions in personal, professional, and legal settings, leading to an atmosphere of surveillance rather than one of open dialogue. Moreover, while the bill asserts safeguards against the use of recordings for blackmail or harassment, it fails to provide substantive mechanisms to enforce these provisions. The vague terminology surrounding "violating privacy" does little to clarify the legal boundaries, which could leave individuals vulnerable to unauthorized use of their conversations. The financial implications of implementing this bill for the state, including the costs associated with public awareness campaigns and law enforcement training, also raise questions about its overall value. The anticipated expenditures, ranging from $200,000 to $1,000,000, could be better invested in reinforcing existing privacy protections rather than creating additional avenues for potential abuse. This legislation, therefore, risks compromising personal privacy while not adequately addressing the complexities of consent and trust in communication.

Position: OPPOSE / Vote NO To the House Judiciary Committee and Members of the New Hampshire House, My name is Kim Lawrence, and I am a New Hampshire resident. I am writing to urge you to VOTE NO on HB 1508-FN, “AN ACT permitting one-party consent for audio and video recordings in certain instances.” This bill makes a major change to New Hampshire law by allowing one-party consent recordings of oral communications or telecommunications without notifying or receiving consent from the other party, as long as the recording is not made in violation of privacy under RSA 644:9 and is not used for blackmail or harassment. While transparency sounds good in theory, HB 1508 creates serious risks for New Hampshire residents and does not include strong enough safeguards to prevent misuse. This bill could normalize secret recording in everyday life, which will damage trust, increase conflict, and create chilling effects in personal, family, and workplace conversations. Fiscal Impact: Costs Taxpayers with No Funding Provided The fiscal note is clear: HB 1508 does not provide funding and does not authorize new positions, yet it creates significant state expenses paid by the General Fund. Estimated state expenditures: FY 2027: Indeterminable increase $500,000 to less than $1,000,000 FY 2028: Indeterminable increase $200,000 to $500,000 FY 2029: Indeterminable increase $200,000 to $500,000 At the same time, the bill generates $0 in revenue. The Department of Justice states the bill would require a statewide public information and awareness campaign, including legal and educational material development and training efforts. DOJ anticipates a one-time media campaign cost of at least $500,000 depending on scope and duration. In addition, DOJ anticipates the need for at least one full-time employee, such as a program coordinator and/or attorney. The fiscal note estimates the cost of an unclassified attorney position at approximately: $137,000 in FY 2027 $138,000 in FY 2028 $138,000 in FY 2029 This is a large unfunded mandate that adds General Fund spending at a time when New Hampshire should be prioritizing investments with clear public benefit. Policy Concerns HB 1508 lowers the standard of consent in a way that can easily be abused. The bill’s limitations on “blackmail or harassment” do not cover the many real-world ways people can use secret recordings to intimidate, manipulate, retaliate, or publicly shame others without technically meeting those definitions. New Hampshire residents should not have to assume every conversation could be recorded without their knowledge. The result will be more fear, less trust, and more conflict - not a healthier community. Conclusion HB 1508 creates broad new permission for secret recordings while imposing significant taxpayer cost and no funding to cover it. It is a bad policy change and a poor fiscal decision. Please VOTE NO on HB 1508-FN. Sincerely, Kim Lawrence New Hampshire