Privacy Law Library

Wiretapping and Eavesdropping

NH Wiretap Act

Communications · Location

New Hampshire is an all-party consent state: it is a crime to intercept, record, disclose or use a telephone or in-person oral communication without the consent of every party, subject to narrow exceptions for carriers, emergency services and authorized law enforcement. The chapter also bans surreptitious interception devices, restricts cell site simulator tracking of phones without consent or a warrant, and sets the court-order process for government wiretaps.

Where
New Hampshire
Citation
N.H. Rev. Stat. Ann. ch. 570-A
Status
In force
In force since
1969-08-31
Last amended
2019-01-01
Enforced by
Attorney General and county attorneys (criminal); private civil actions
People can sue
Yes
Penalties
Intercepting, disclosing or using communications without consent of all parties is a class B felony; a party-consented interception lacking required approval is a misdemeanor. Victims may recover actual damages of at least $100 per day or $1,000, punitive damages and attorney's fees. Unlawful cell site simulator use is a class A misdemeanor with fines up to $10,000.
Applies to
  • Any person who intercepts, discloses or uses a telecommunication or oral communication
  • Manufacturers, sellers and advertisers of surreptitious interception devices
  • Any person (including law enforcement) using a cell site simulator device

Rights it gives people

  • Persons whose communications are unlawfully intercepted, disclosed or used may sue for actual or liquidated damages, punitive damages and attorney's fees.RSA 570-A:11

Practices it requires

  • Do not intercept, record, or procure interception of any telecommunication or oral communication without the consent of all parties.RSA 570-A:2, I(a)-(b)
  • Do not disclose or use the contents of a communication knowing or having reason to know it was unlawfully intercepted.RSA 570-A:2, I(c)-(d)
  • Do not manufacture, possess, sell or advertise devices primarily useful for surreptitious interception.RSA 570-A:3, I
  • No person may use a cell site simulator to locate or track an individual's communications device without informed consent, a particularized warrant, or a recognized warrant exception; law enforcement must delete non-target data the same day.RSA 570-A:2-a, II-III

Other duties

  • Carrier and switchboard employees may intercept only as a necessary incident to service or to protect the carrier's rights or property; emergency services and regulated utilities may record emergency and dispatch calls.RSA 570-A:2, II(a), (h)-(i)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: last_amended reflects the latest 570-A:1 amendment (2018, 183:1, eff. Jan. 1, 2019) shown in the source notes; later amendments to other sections were not individually checked beyond the merged chapter text fetched on 2026-09-25

Research reference, not legal advice.