New Mexico state agencies follow accessibility guidelines under the Department of Information Technology (DoIT) and ADA Title II requirements.
New Mexico Accessibility & Privacy Laws
New Mexico does not currently have a comprehensive consumer privacy law like California's CCPA or Virginia's VCDPA. However, the state has data breach notification requirements and maintains accessibility standards for state government digital services. Businesses operating in New Mexico should monitor legislative developments while ensuring compliance with existing federal and state requirements.
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Accessibility Standards
State Government Policy
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Privacy Status
No Comprehensive Law
New Mexico has data breach notification requirements but no comprehensive consumer privacy legislation at this time.
Privacy Law Status
New Mexico has not enacted comprehensive consumer privacy legislation. However, the state has several sector-specific and general consumer protection laws that affect data privacy:
Current Privacy Protections
- Data Breach Notification: New Mexico's Data Breach Notification Act (NMSA 57-12C) requires businesses to notify consumers of security breaches
- Consumer Protection: The Unfair Practices Act prohibits deceptive trade practices including misleading privacy claims
- Student Data: The Student Data Privacy Act protects K-12 student information
- Insurance Data: Regulations protect personal information in insurance transactions
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Notification Trigger | Unauthorized acquisition of unencrypted personal identifying information |
| Covered Information | Name plus SSN, driver's license, financial account, or biometric data |
| Notification Timeline | Within 45 days of breach discovery |
| AG Notification | Required if breach affects more than 1,000 residents |
| Credit Reporting | Must notify credit bureaus if more than 1,000 residents affected |
New Mexico State Government Accessibility
New Mexico's Department of Information Technology (DoIT) provides guidance on digital accessibility for state agencies. State government websites must comply with ADA Title II requirements to ensure equal access for people with disabilities.
Covered Entities
- New Mexico state government agencies
- State contractors and IT vendors
- Public educational institutions
- University of New Mexico system
- Local government entities
- State-funded programs
Accessibility Standards
- WCAG 2.0 Level AA compliance recommended
- Section 508 alignment for federally-funded programs
- ADA Title II compliance required for all public services
- Alternative formats available upon request
- Accessibility testing encouraged for new digital content
Business Obligations
While New Mexico lacks a comprehensive privacy law, businesses have obligations under existing state and federal laws:
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Data Security Requirements
- Implement reasonable security measures
- Protect personal identifying information
- Properly dispose of records containing personal data
- Notify consumers of data breaches
- Report significant breaches to Attorney General
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Key Agencies
- New Mexico Attorney General
- Department of Information Technology (DoIT)
- Office of the State Auditor
- Human Rights Bureau
- Public Education Department (student data)
Consumer Rights
New Mexico consumers have certain rights under existing law:
- Breach Notification: Right to be notified of data breaches affecting personal information
- Security Freeze: Right to place a security freeze on credit reports
- Consumer Protection: Protection against unfair and deceptive trade practices
- Public Records: Right to access government records under the Inspection of Public Records Act
Future Developments
Privacy legislation continues to be introduced in state legislatures across the country. New Mexico residents and businesses should monitor:
- Proposed comprehensive privacy legislation in the New Mexico Legislature
- Updates to data breach notification requirements
- Federal privacy legislation that may preempt or supplement state law
- Industry-specific regulations affecting privacy practices
Related Resources
- US Privacy Laws Overview
- State Privacy Law Comparison
- Business Privacy Obligations
- ADA Title II Requirements
- All State Laws
- Contact Us
Need Compliance Guidance?
While New Mexico doesn't have comprehensive privacy legislation, businesses must still comply with data breach notification requirements and accessibility standards. Contact our experts for guidance on current obligations and preparing for future privacy regulations.