Law / United States / New Mexico

Student, faculty and staff lists may not be sold or used for direct marketing

Prohibition on the sale or use of student, faculty and staff lists in direct marketing, 6.10.6 NMAC

In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Prohibition, Consent

What it requires

  • 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).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

No person may sell or use student, faculty or staff lists with 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. The prohibition does not apply when a parent or a student authorizes the release of the student's personal identifying information in writing to the public school or local school district, or for legitimate educational purposes.

Legitimate educational purposes are educational opportunities, services or information offered or provided by accredited educational entities, professional educational organizations, the armed forces of the United States or labor organizations conducting lawful organization and collective bargaining activities.

Personal identifying information means the names, addresses, telephone numbers, social security numbers and other similar identifying information about students maintained by a public school or local school district. The rule's scope clause names local school boards, local school districts and public schools. The Public Education Department adopted the rule under sections 22-2-1 and 22-21-2 of the New Mexico Statutes Annotated 1978. The rule took effect on .

When LexLint raises it

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