Duty LXD-5879
Generates audio with AI, 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.
HB 182 (2024), AI-generated and manipulated media disclosure and disclaimer requirements in campaign advertisingsince 4 lines
N.M. Stat. Ann. §§ 1-19-26.4, 1-19-26.8 · Read the law's page
- Include a disclaimer stating the content has been manipulated or generated by artificial intelligence on a campaign advertisement containing materially deceptive media (an image, video or audio depicting an identifiable individual doing or saying something they did not do or say, published without that person's consent, and produced in whole or in part using artificial intelligence).
- Display the disclaimer legibly for the duration of a video, or speak it clearly at the beginning and end of an audio message and at intervals of no more than two minutes if the audio runs longer, or both for mixed media.
- Do not distribute, or agree with another person to distribute, materially deceptive media about a candidate or ballot question; a first violation is a misdemeanor and a second is a fourth degree felony, and a depicted individual, an injured candidate, or a voter-representing organization, not only the state, may seek an injunction.
- The duty does not apply to a bona fide news broadcast that discloses the manipulation, a broadcaster that supplied and disclosed its own disclaimer requirements to the advertisement's purchaser, or genuine satire or parody that itself includes the required disclaimer.
New Mexico Unfair Practices Actfrom a date not yet set5 lines
N.M. Stat. Ann. §§ 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.