HB 1436 · 2026 · House · Judiciary Committee

Property rights in digital and cloud data

relative to the classification and protection of personal digital information and cloud-stored files.

Establishes property rights in personal digital information and cloud-stored files, creates a legal presumption of bailment for unpublished content, and requires a warrant for government access absent other legal authorization.AI-generated

Status

Died on the table in the House · February 5, 2026

✓Introduced
✕House
Senate
Governor
Law

Analysis

This bill: I. Establishes property rights in personal digital information, including data stored on cloud servers. II. Creates a legal presumption of bailment for unpublished content. III. Affirms that digital records are protected from unreasonable government searches or seizures, requiring a warrant unless otherwise authorized by law. IV. Distinguishes private unpublished data from public information for property and privacy purposes.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site

“For purposes of article 19 of the New Hampshire constitution, the Fourth Amendment to the United States Constitution, and RSA 595-A, a digital document or record, whether stored locally on a device or in a cloud server subject to contractual protections against disclosure, shall be presumed the person's “papers” or “effects,” and is protected from unreasonable search or seizure.”

RSA 507-H:13

“No government entity shall access, search, or seize the contents of such documents or records except pursuant to a warrant issued upon probable cause by a court of competent jurisdiction, or as otherwise specifically authorized by law.”

RSA 507-H:13

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Public testimony

7 signed in online · 2 wrote testimony

57% support43% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“We definitely need this legal protection. Now if we only had violation detection, enforcement, and punishment.”

— Daniel Richardson, Nashuasupports

“Affirmative Testimony on HB 1436 HB 1436 aims to establish crucial protections for personal digital information and cloud-stored files, recognizing the need for individuals to maintain ownership and rights over their own data in a rapidly evolving digital landscape.…”

— Georgina Lambert, Belmontsupports

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay

Starting text: Bill as introduced

Jan 21, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate11–3
Overall
79% yea
Feb 5, 2026HouseDivisionLay HB1436 on Table (Rep. Spillane)Adopted284–47
Overall
86% yea

Hearings and debates

Jan 14, 2026Public hearingHouse Judiciary3:25:55–4:00:1234m 17slocated in the stream transcriptPublic Hearing; Executive Session
Feb 5, 2026Floor debateHouse floor6:14:42–6:19:214m 39slocated in the stream transcriptLay HB1436 on Table (Rep. Spillane) — adopted, division 284-47

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Judiciary HJ 1 P. 20
Jan 14, 2026HousePublic Hearing: 01/14/2026 01:00 pm GP 230
Jan 14, 2026HouseExecutive Session: 01/14/2026 01:00 pm GP 230
Jan 21, 2026House: Inexpedient to Legislate 01/21/2026 (Vote 11-3; CC) HC 5 P. 8
Feb 3, 2026HouseRemoved from Consent (Reps. Spillane, Sabourin dit Choiniere, J. Smith, Tom Mannion, Sellers, Harrington, See, D. McGuire, Love, Polozov) 02/03/2026 HJ 3 P. 6
Feb 5, 2026HouseLay HB1436 on Table (Rep. Spillane): MA DV 284-47 02/05/2026 HJ 3 P. 62

Coverage

No reporting linked yet.

Documents (PDF)

Introducedversion

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.