New Mexico Privacy Protection Act
NM Stat § 57-12B-1 - § 57-12B-4
ARTICLE 12B Privacy Protection
57-12B-1. Short title.
57-12B-2. Definitions.
57-12B-3. Disclosure of social security number.
57-12B-4. Use of social security numbers restricted; exceptions.
57-12B-1. Short title.
Chapter 57, Article 12B NMSA 1978 may be cited as the "Privacy Protection Act".
History: Laws 2003, ch. 169, § 1; 2005, ch. 127, § 1.
ANNOTATIONS
The 2005 amendment, effective January 1, 2006, changed the reference to the Privacy Protection Act to the NMSA 1978 designation.
57-12B-2. Definitions.
As used in the Privacy Protection Act:
A. "business" means a commercial enterprise that:
(1) sells or leases or intends to sell or lease products, goods or services to consumers;
(2) is an agent of a business described in Paragraph (1) of this subsection; or
(3) is an agent of a nonprofit organization selling marketing services to that organization; and
B. "consumer" means a natural person, who is a resident of New Mexico, and who purchases, leases or otherwise contracts for products, goods or services within New Mexico that are primarily used for personal, family or household purposes.
History: Laws 2003, ch. 169, § 2.
ANNOTATIONS
Effective dates. — Laws 2003, ch. 169, § 5 made Laws 2003, ch. 169, § 2 effective January 1, 2004.
57-12B-3. Disclosure of social security number.
A. Except as provided in Subsection B of this section, no business shall require a consumer's social security number as a condition for the consumer to lease or purchase products, goods or services from the business.
B. Nothing in this section prohibits a business from requiring or requesting a consumer's social security number if the number will be used in a manner consistent with state or federal law or as part of an application for credit or in connection with annuity or insurance transactions.
C. Nothing in this section prohibits a business from acquiring or using a consumer's social security number if the consumer consents to the acquisition or use.
D. A company acquiring or using social security numbers of consumers shall adopt internal policies that:
(1) limit access to the social security numbers to those employees authorized to have access to that information to perform their duties; and
(2) hold employees responsible if the social security numbers are released to unauthorized persons.
History: Laws 2003, ch. 169, § 3.
ANNOTATIONS
Effective dates. — Laws 2003, ch. 169, § 5 made Laws 2003, ch. 169, § 3 effective January 1, 2004.
57-12B-4. Use of social security numbers restricted; exceptions.
A. Except as provided in Subsection B of this section, a business shall not:
(1) make the entirety of a social security number available to the general public. This prohibition includes:
(a) intentionally communicating a social security number to the general public; and
(b) printing a social security number on a receipt issued for the purchase of products or services, including a receipt for the purchase of services from the state or its political subdivisions;
(2) require the use of a social security number:
(a) over the internet without a secure connection or encryption security; or
(b) to access an internet account unless a password or unique personal identification number or other personal authentication device is also required to access the account;
(3) print a social security number on materials mailed to a consumer unless authorized or required by federal or state law; provided that nothing in this paragraph prohibits a business from requiring a consumer, as part of an application or enrollment process, or to establish, amend or terminate an account, contract or policy, or to confirm the accuracy of the social security number, to enter a social security number on material to be mailed by the consumer as long as it is not required to be entered, in whole or in part:
(a) on a postcard or other mailer not requiring an envelope;
(b) on the envelope; or
(c) in any other manner in which the number may be visible without the envelope being opened;
(4) transmit material that associates a social security number with an account number for a bank, savings and loan association or credit union, unless both numbers are required as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security, bank, savings and loan association or credit union account number; or
(5) refuse to transact business because of a refusal to provide the social security number for use of that number in a manner prohibited by Paragraphs (1) through (4) of this subsection.
B. The provisions of Subsection A of this section do not apply to:
(1) the use of a social security number by a business if the social security number:
(a) was furnished for a document generated prior to January 1, 2006 and the business is copying or reproducing that document; or
(b) exists on an original document generated prior to January 1, 2006;
(2) the collection, use or release of a social security number by a business if the business complies with Subsection D of Section 57-12B-3 NMSA 1978 and if the collection, use or release:
(a) is part of an application or enrollment process or is used to establish, amend or terminate an account, contract or policy;
(b) is required or authorized by federal or state law or is required for the business to comply with federal or state law; or
(c) is for internal verification or administrative purposes; or
(3) documents that are filed in court or public records or documents recorded in public records or required to be open to the public under federal law, state law, applicable case law, supreme court rule or the constitution of New Mexico.
History: Laws 2005, ch. 127, § 2.
ANNOTATIONS
Effective dates. — Laws 2005, ch. 127, § 3 made Laws 2005, ch. 127, § 2 effective January 1, 2006.
For more information, see here: https://nmonesource.com/nmos/nmsa/en/item/4423/index.do#!fragment/zoupio-_Toc99444838/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgE4OAWXgDgDMfAJQAaZNlKEIARUSFcAT2gByFaIiEwuBHIXK1GrTpABlPKQBCygEoBRADJ2AagEEAcgGE7o0mABG0KTswsJAA
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