Law / United States /
New Mexico
Post-secondary institutions may not demand access to student social networking accounts
NMSA 1978, Sec. 21-1-46 (request for access to social networking account prohibited)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
What it requires
- If you are a public or private post-secondary educational institution in New Mexico, do not request or require a student, applicant or potential applicant for admission to provide a password to a social networking account or profile, and do not demand access to that account or profile in any manner (NMSA 1978, Sec. 21-1-46(A)).
- Do not deny admission to an applicant, or discipline a student, for refusing to grant access to a social networking account or profile (NMSA 1978, Sec. 21-1-46(B) and (C)).
These lines are LexLint's reading of the law's text.
What this law does
A public or private institution of post-secondary education may not request or require a student, applicant or potential applicant for admission to provide a password to gain access to an account or profile on a social networking web site, or demand access in any manner to that account or profile. It may not deny admission to an applicant or potential applicant, or take disciplinary action against a student, for refusing to grant access to an account or profile on a social media networking site.
The section does not prohibit an institution from obtaining information about a student, applicant or potential applicant that is in the public domain. A social networking web site is an internet-based service that allows individuals to construct a public or semi-public profile within a bounded system, create a list of other users with whom they share a connection and view and navigate their connections and those made by others. The section took effect on .
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