New Hampshire Revised Statutes 141-G:14 – Confidentiality
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I. No person shall use or disclose any information concerning an applicant or a source individual if that information becomes known to the person in the course of carrying out his or her responsibilities under this subdivision or as a result of obtaining a testing order.
II. Paragraph I shall not apply to disclosure in the following circumstances:
(a) In the course of carrying out a duty imposed or exercising a power conferred under this subdivision.
(b) As required by law.
(c) With the consent of the person who is the subject of the information.
(d) In the course of a consultation between qualified health professionals.
(e) In the case of information about a minor to a guardian of that minor.
(f) As provided in rules adopted under N.H. Rev. Stat. § 141-G:19.
III. No person who is subpoenaed or otherwise compelled to give evidence in a legal proceeding, other than a proceeding for the purposes of N.H. Rev. Stat. § 141-G:11, I or an appeal under N.H. Rev. Stat. § 141-G:11, V, shall disclose information described in paragraph I, unless the court first examines the information, with the public excluded, and determines that the information may be disclosed. The court shall consider:
(a) The probative value of the information;
(b) The relevance of the information to the proceeding; and
(c) The effect of the disclosure on the privacy of the person who is the subject of the information.
II. Paragraph I shall not apply to disclosure in the following circumstances:
Terms Used In New Hampshire Revised Statutes 141-G:14
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(a) In the course of carrying out a duty imposed or exercising a power conferred under this subdivision.
(b) As required by law.
(c) With the consent of the person who is the subject of the information.
(d) In the course of a consultation between qualified health professionals.
(e) In the case of information about a minor to a guardian of that minor.
(f) As provided in rules adopted under N.H. Rev. Stat. § 141-G:19.
III. No person who is subpoenaed or otherwise compelled to give evidence in a legal proceeding, other than a proceeding for the purposes of N.H. Rev. Stat. § 141-G:11, I or an appeal under N.H. Rev. Stat. § 141-G:11, V, shall disclose information described in paragraph I, unless the court first examines the information, with the public excluded, and determines that the information may be disclosed. The court shall consider:
(a) The probative value of the information;
(b) The relevance of the information to the proceeding; and
(c) The effect of the disclosure on the privacy of the person who is the subject of the information.