NMSA 29-22-3. Automated license plate readers; limitations on sharing

29-22-3. Automated license plate readers; limitations on sharing. A. An automated license plate reader user shall not sell, share, allow access to or transfer automated license plate reader information if the automated license plate reader user has reasonable belief that the automated license plate reader information may be used for the purpose of: (1) investigating or otherwise assisting in immigration enforcement; (2) investigating or prosecuting a protected health care activity; or (3) efforts to identify or impose civil or criminal liability upon a person or an entity based solely on the person's or entity's participation in activities protected by the United States constitution or the constitution of New Mexico, including assembly, petitioning and speech. B. An automated license plate reader user in New Mexico that uses automated license plate reader systems shall not allow access to automated license plate reader information by an out-of-state third party or a non-New Mexico law enforcement agency without first obtaining from that party a written declaration that the party expressly affirms that automated license plate reader information obtained shall not be used in a manner that would constitute a violation of Subsection A of this section. If a written declaration of affirmation is not executed, the automated license plate reader user shall not share the automated license plate reader information with the third party. C. An automated license plate reader user shall not sell, share, allow access to, transfer or otherwise make available automated license plate reader information to non- law enforcement officers or agencies. However, a user may make available automated license plate reader information to the user's automated license plate reader vendor for the purpose of providing the automated license plate reader service to the user. D. Automated license plate reader information is confidential and not considered a public record for the purposes of the Inspection of Public Records Act [14-2-1 to 14-2-12 NMSA 1978]. E. Privately captured automated license plate reader information may only be sold, shared, transferred or released with the express consent of the private entity or pursuant to a valid court order. History: Laws 2026, ch. 20, § 3.