Bill > SB53

This bill, titled the "Community and Health Information Safety and Privacy Act," aims to strengthen privacy protections for New Mexico residents by establishing new rules for "covered entities" (businesses offering online services that collect or use personal data) and "service providers" (entities that process data on behalf of covered entities). Key provisions include requiring companies to set default privacy settings to the highest level of privacy, provide clear privacy information and tools for consumers to manage their data, and implement reasonable security measures. The bill specifically addresses the data of minors, mandating stricter privacy settings and limiting contact from unknown users for those under 18. It prohibits certain practices like profiling by default and processing sensitive personal data for targeted advertising or brokerage without explicit "opt-in" consent, which must be clearly explained and can be withdrawn. Consumers are granted rights to access, correct, delete, and transmit their personal data, with covered entities required to respond to these requests within specific timeframes. The act also prohibits companies from retaliating against consumers for exercising their privacy rights and makes any contractual waivers of these rights void. Violations can result in significant civil penalties per affected consumer, and individuals can bring legal action to enforce their rights, with the Attorney General also empowered to take enforcement actions. The bill provides exceptions for data already protected by other federal privacy laws like HIPAA (Health Insurance Portability and Accountability Act) and Gramm-Leach-Bliley, and clarifies that it does not apply to government entities or certain emergency situations.

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=53&year=26