Bill > SB40

This bill, the Driver Privacy and Safety Act, establishes rules for how information collected by automated license plate readers (ALPRs) can be used and shared. ALPRs are devices that record vehicle license plates and can compare this data to law enforcement databases. The act prohibits ALPR users from sharing this information if they believe it will be used for immigration enforcement, to investigate or prosecute protected health care activities (which includes reproductive and gender-affirming care), or to penalize individuals for exercising constitutional rights like free speech or assembly. It also restricts sharing ALPR data with out-of-state entities or non-law enforcement agencies unless specific written assurances are obtained, and clarifies that privately captured ALPR data requires express consent or a court order for release. Furthermore, law enforcement agencies using ALPRs must report annually on their usage, including the number of cameras, databases queried, purposes of queries, and any instances of unauthorized access. This aggregated data will be made public. The bill also outlines enforcement mechanisms, allowing the attorney general or district attorneys to seek court orders and impose civil penalties of $10,000 or actual damages for intentional violations, and specifies that non-compliant law enforcement agencies or vendors may face consequences like revoked data-sharing privileges or termination of access.

Justice

https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legtype=B&legno=40&year=26