NMSA 1978, § 10-16I-1 Short title
10-16I-1. Short title
Sections 1 through 4 [10-16I-1 to 10-16I-4 NMSA 1978] of this act may be cited as the "Nondisclosure of Sensitive Personal Information Act".
Laws 2025, ch. 138, § 1.
Nondisclosure of Sensitive Personal Information
NMSA 1978 ch. 10, art. 16I
in effectNMSA 1978, § 10-16I-2 Definitions
10-16I-2. Definitions
As used in the Nondisclosure of Sensitive Personal Information Act:
A. "sensitive personal information" means an individual's:
(1) status as a recipient of public assistance or as a crime victim;
(2) sexual orientation, gender identity, physical or mental disability, medical condition, immigration status, national origin or religion; and
(3) social security number; and
B. "social security number" includes an individual tax identification number.
Laws 2025, ch. 138, § 2.
NMSA 1978, § 10-16I-3 Sensitive personal information; exceptions
10-16I-3. Sensitive personal information; exceptions
A state agency employee shall not intentionally disclose sensitive personal information acquired by virtue of the employee's position with a state agency to anyone outside the state agency except when such disclosure is:
A. necessary to carry out a function of the state agency;
B. necessary to comply with an order or subpoena issued by a court of this state or a United States district court;
C. required by the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978];
D. required by federal statute;
E. made to or by a court or administrative tribunal in the course of a judicial or administrative proceeding or made in a court or administrative tribunal record;
F. made to a state contractor that needs the sensitive personal information to perform the contractor's obligations under the contract and has agreed in writing to be bound by the same restrictions on disclosure that are imposed on state employees by this section;
G. made pursuant to the Whistleblower Protection Act [10-16C-1 to 10-16C-4 NMSA 1978];
H. expressly permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations; or
I. made with the written consent of the person whose information would be disclosed.
Laws 2025, ch. 138, § 3.
NMSA 1978, § 10-16I-4 Enforcement; penalties
10-16I-4. Enforcement; penalties
The attorney general, a district attorney and the state ethics commission may institute a civil action in district court if a violation has occurred or to prevent a violation of the Nondisclosure of Sensitive Personal Information Act. Penalties for a violation of that act shall be a civil penalty of two hundred fifty dollars ($250) for each violation, but not to exceed five thousand dollars ($5,000).
Laws 2025, ch. 138, § 4.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18510/index.doFetched: 10/20/2026