HB 410 New Mexico House · 2025 Regular Session

CONSUMER INFO & DATA PROTECTION ACT

HB 410, the Consumer Information and Data Protection Act, would require businesses collecting personal data from New Mexico residents to obtain clear, affirmative consent (banning deceptive "dark patterns" like confusing website designs) and implement stronger protections for sensitive data, including health information, biometric data, and precise location tracking. It defines key terms like "personal data" (information linked to an identifiable person) and establishes rules for data processing, storage, and sharing, with specific safeguards for minors and health data. The bill creates civil penalties for violations and outlines investigative authority for enforcement, while exempting entities already covered under federal HIPAA health privacy rules. It directly affects businesses operating in New Mexico that handle consumer data, including online services and apps collecting location or health information. The bill was postponed indefinitely in June 2025 and has not become law.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Jun 3, 2025
Maddy AI version diff · 1 comparison

What changed between versions

introduced version CE substitute · 16 edits
MAJOR
The bill was substantially rewritten from scratch, replacing the original version with a comprehensive consumer data protection law. The new version adds detailed definitions, establishes consumer rights, creates exemptions for certain entities, and provides enforcement mechanisms through the attorney general.
Scope change
The bill now applies to any person conducting business in New Mexico or targeting New Mexico residents who process data from at least 35,000 consumers annually, or from 10,000 consumers if more than 20% of revenue comes from selling personal data. Several exemptions were added including government agencies, financial institutions, HIPAA-covered entities, nonprofits, and institutions of higher education.
DEFINITION

Added 26 new definitions including specific meanings for terms like 'affiliate', 'biometric data', 'consumer health data', 'dark pattern', 'geofence', 'precise geolocation data', 'sensitive data', and 'targeted advertising'.

REQUIREMENT

Established new consumer rights including the right to confirm data processing, access data, correct inaccuracies, delete data, obtain portable copies, and opt out of targeted advertising, data sales, and profiling.

Added requirements for controllers to provide clear privacy notices, establish secure means for consumers to exercise rights, and respond to consumer requests within 45 days (with one 45-day extension allowed).

Created new protections for children under 18, including restrictions on targeted advertising, data sales, and profiling, plus requirements for parental consent and data protection assessments for services targeting minors.

Added new requirements for data protection assessments when processing data for targeted advertising, data sales, profiling, sensitive data, or activities posing heightened risk of harm to consumers.

Established new rules for processor-controller relationships, requiring written contracts that specify data processing instructions, confidentiality obligations, and compliance requirements.

Added specific protections for consumer health data, reproductive or sexual health data, and geofencing restrictions near mental health and reproductive health facilities.

Created new limitations on processing personal data for purposes not reasonably necessary or compatible with disclosed purposes, unless consumer consent is obtained.

Added requirements prohibiting discrimination against consumers who exercise their rights under the act, including prohibitions on denying goods or services or charging different prices.

Established new rules for de-identified and pseudonymous data, allowing controllers to avoid certain consumer rights obligations when data cannot be reasonably re-identified.

Added new provisions protecting data in federal agency possession, requiring consent before sharing sensitive data and allowing the attorney general to intervene in unauthorized disclosures.

Created new limitations section allowing certain processing activities that would otherwise violate the act, including compliance with federal laws, law enforcement cooperation, security incident response, and scientific research.

Added new provisions protecting free speech rights and exempting purely personal or household activities from the act's requirements.

Established new severability provisions ensuring that if any part of the act is found unconstitutional, the remaining provisions remain in force.

ENFORCEMENT

Empowered the attorney general to investigate violations and impose civil penalties of up to $10,000 per violation, with authority to seek injunctions and recover attorney fees.

TECHNICAL

Removed original formatting elements including page numbers, committee attribution, and original short title language, replacing them with the new comprehensive structure.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
3
Key actions
1
Committee
1
Mar 4, 2025
Lower · Passed
DO NOT PASS, replaced with committee substitute
lower
Feb 12, 2025
Introduced
Sent to House Commerce & Economic Development Committee & House Judiciary Committee
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Linda Serrato
Linda Serrato
DDemocratic
NM
45