Currently, there are no comprehensive New Mexico privacy laws in effect. In addition, there are no New Mexico consumer information privacy acts introduced in the state legislature.
New Mexico introduced a Consumer Information Privacy Act in 2019, but it has been postponed indefinitely. Although New Mexico does not have a comprehensive privacy law in the legislative process, it has enacted a Data Breach Notification Act like all other states.
New Mexico’s Data Breach Notification Act
In 2017, New Mexico became the 48th state to enact a data breach notification law.
New Mexico Data Breach Notification Law Provisions
Breached organizations must inform individuals “in the most expedient time, but not later than 45 days following the discovery of the security breach.” If an investigation reveals that the breach didn’t significantly increase the danger of identity theft or fraud, organizations would not be required to notify the authorities.
The Gramm-Leach-Bliley Act, which governs financial institutions handling private information, and the Health Insurance Portability and Accountability Act, which governs patient information, would exempt organizations from complying with the New Mexico law, similar to notification laws in many other states.
Organizations must tell breach victims of their rights under the Fair Credit Reporting and Identity Security Act as well as how to obtain personal account statements and credit reports to look for inaccuracies brought on by the security breach, according to New Mexico law.
In 2019, Senate Bill 176 was introduced in the New Mexico Senate by Senator Michael Padilla. The bill, also known as the Consumer Information Privacy Act, tried to strike a balance of consumer privacy without stifling the “innovation and creativity” of companies. Although language differs, key components of the CCPA were present in the New Mexico bill. The bill was postponed indefinitely.
How Does a Bill Become a Law in New Mexico?
In New Mexico, the process for a bill to become law involves several stages.
A bill is introduced by a legislator in either the House of Representatives or the Senate. The bill is assigned a number and title, and it is typically referred to the appropriate committee for review.
The bill is reviewed by relevant committees in the House and Senate. Committees hold hearings to discuss the bill and may amend the bill or recommend its passage or rejection.
Floor Consideration: If a bill is approved by the committee, it moves to the floor of the chamber where it was introduced (House or Senate) for further debate and voting.
Passing the First Chamber
To pass in the first chamber, the bill requires a majority vote in favor.
Committee Review and Floor Consideration in the Second Chamber
The bill undergoes a similar process of committee review and floor consideration in the second chamber.
Once both chambers agree on the bill’s final version, it is voted on again in each chamber. If it passes both chambers in identical form, it moves to the Governor for consideration.
The Governor can sign the bill into law, allowing it to take effect. The Governor can also veto the bill, which can be overridden by a two-thirds majority vote in both chambers. If the Governor takes no action within a certain timeframe, the bill may become law without a signature.