Technology (Privacy)

SB 40, the "Driver Privacy and Safety Act," limits how law enforcement and private entities can share automated license plate reader (ALPR) data. It prohibits sharing ALPR information for immigration enforcement, investigating protected health care activities (like reproductive or gender-affirming care), or targeting constitutionally protected speech. The law makes ALPR data confidential (not public record), requires court orders for private data sales, and mandates quarterly reports to the attorney general on out-of-state data requests. Violations can result in $10,000 fines per incident.

SB 53, the Community and Health Information Safety and Privacy Act, establishes new privacy standards for businesses operating in New Mexico that collect consumer data. It directly affects online service providers, health-related businesses, and other "covered entities" that handle personal or biometric data of New Mexico residents. Key provisions prohibit businesses from using consumer data for targeted advertising without consent, ban "dark patterns" that manipulate user choices, and require clear opt-out mechanisms for data sharing. The law also protects consumers' rights to access, correct, or delete their data and prohibits retaliation for exercising these rights. It specifically excludes certain health data used for medical treatment under federal law from its requirements.