Duty LXD-4680
Places automated calls, in New Mexico
Student, faculty and staff lists may not be sold or used for direct marketingsince 2 lines
Prohibition on the sale or use of student, faculty and staff lists in direct marketing, 6.10.6 NMAC · Read the law's page
- Do not sell or use a student, faculty or staff list that carries personal identifying information obtained from a public school or local school district to market goods or services directly to students, faculty or staff or their families by telephone or mail (6.10.6.8 NMAC).
- Before you sell or use such a list for that marketing, hold the written authorization of a parent or student, given to the public school or local school district, to release the student's personal identifying information, unless your use is for a legitimate educational purpose as 6.10.6.7(A) NMAC defines it (6.10.6.8 NMAC).
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.
Student, faculty and staff lists may not be sold or used for direct marketing, with a private action for the person solicitedin force2 lines
NMSA 1978, Sec. 22-21-2 (prohibition on the sale or use of student, faculty and staff lists in direct marketing; remedies) · Read the law's page
- Do not sell or use a student, faculty or staff list carrying personal identifying information obtained from a New Mexico public school or local school district to market goods or services directly to students, faculty or staff or their families by telephone or mail, unless the use is for a legitimate educational purpose or a parent has authorized the release of the student's information in writing to the school or district (NMSA 1978, Sec. 22-21-2(A)).
- Expect a person who receives a solicitation that violates the prohibition to be able to sue you for actual damages or $500, whichever is greater, and reasonable attorneys' fees (NMSA 1978, Sec. 22-21-2(B) and (C)).