Duty LXD-3965
Makes public services decisions, in New Mexico
Each law's tag says when it binds: since in force from a date not yet set not yet in force
Data Breach Notification Act, security and disposal dutiessince 5 lines
Laws 2017, ch. 36, House Bill 15, Sections 3 to 5 (NMSA 1978, Secs. 57-12C-3 to 57-12C-5) · Read the law's page
- This binds any person that owns or licenses records containing the personal identifying information of a New Mexico resident, or that discloses that information to a service provider under contract; it does not bind the State of New Mexico or any of its political subdivisions.
- Implement and maintain reasonable security procedures and practices, appropriate to the nature of the personal identifying information held, to protect it from unauthorized access, destruction, use, modification, or disclosure.
- Arrange for proper disposal, shredding, erasing, or otherwise rendering the information unreadable or undecipherable, of records containing personal identifying information once they are no longer reasonably needed for business purposes.
- Where personal identifying information is disclosed to a service provider under a contract, require by that contract that the service provider also implement and maintain reasonable security procedures and practices appropriate to the nature of the information.
- There is no private right of action; only the Attorney General may enforce this duty, seeking an injunction, damages for actual costs or losses, and, where the violation was knowing or reckless, a civil penalty of $25,000. A separate, higher penalty schedule tied to a count of failed notifications governs this Act's notification duty alone, this jurisdiction's privacy row, and does not apply to a violation of the security or disposal duty described here.
New Mexico Unfair Practices Actfrom a date not yet set5 lines
N.M. Stat. Ann. ยงยง 57-12-1 to 57-12-26 (1967, as amended)
- This law is recorded as enacted, but the record carries no commencement date, so whether it is yet in force has to be established before relying on what follows.
- Do not engage in unfair, deceptive, or unconscionable trade practices in commerce.
- Do not present undisclosed AI-generated content as human-authored.
- Do not use AI systems to manipulate consumer purchasing decisions.
- Do not make misleading claims about AI capabilities.