§ 10-16I-3 — Sensitive personal information; exceptions

A state agency employee shall not intentionally disclose sensitive personal information acquired by virtue of the employee's position with a state agency to anyone outside the state agency except when such disclosure is: A. necessary to carry out a function of the state agency; B. necessary to comply with an order or subpoena issued by a court of this state or a United States district court; C. required by the Inspection of Public Records Act [Chapter 14, Article 3 NMSA 1978]; D. required by federal statute; E. made to or by a court or administrative tribunal in the course of a judicial or administrative proceeding or made in a court or administrative tribunal record; F. made to a state contractor that needs the sensitive personal information to perform the contractor's obligations under the contract and has agreed in writing to be bound by the same restrictions on disclosure that are imposed on state employees by this section; G. made pursuant to the Whistleblower Protection Act [10-16C-1 to 10-16C-4 NMSA 1978]; H. expressly permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations; or I. made with the written consent of the person whose information would be disclosed.

Legislative History

Laws 2025, ch. 138, § 3.