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Can I collect personal information from participants in New Mexico? What are the requirements?

Based on the provided documents, it is possible to collect personal information from participants in New Mexico, but there are specific requirements that must be followed.

Requirements for Collecting Personal Information

According to [1.1]" >16.61.7.8 NMAC, all persons applying for a New Mexico real estate broker’s license or upgrading an associate broker’s license to a qualifying broker’s license must be fingerprinted as a condition of licensure. Applicant fingerprints and processing fees are submitted electronically to the New Mexico department of public safety from approved live scan vendor sites for the purpose of matching applicant fingerprints with fingerprints in state and national arrest record databases.

Requests for Disclosure of Confidential Information

If you are seeking access to confidential information in the board’s possession, you may file a request for disclosure by the board. The request must be in writing, must state the purpose of the request and the proposed use of the information, and must be sufficient to adequately identify and limit the documents or information sought. Within ten (10) working days of receipt of the request, the board will make a preliminary assessment whether the request satisfies the requirements of Subsection 15.1.2 9(B). If the request fails to satisfy the requirements of Subsection 15.1.2 9 (B), the board will deny the request on the basis of the deficiencies and will return the request to the person seeking the information with an explanation of the deficiencies. No further action will be required of the board. If the request meets the requirements of Subsection 15.1.2 9(B), the board will send a consent form and a copy of the request to the relevant applicant or licensee. The applicant or licensee must return the consent form to the board indicating the applicant’s or licensee’s consent or refusal to consent to disclosure of all or part of the requested information. Failure of the licensee or applicant to return the consent form within ten (10) working days of the date mailed by the board to the applicant or licensee will be deemed refusal of consent to the disclosure of the requested information. The applicant’s or licensee’s refusal to consent to disclosure of the requested information is final and precludes the board from disclosing the requested information, except upon court order as set forth in Section 60-2E-42 of the act. [2.1]" >(15.1.2.9 NMAC)

Requirements for Disclosure in Application

If you are applying for a bingo and raffle operator’s license, you shall submit with the application a proposed plan for the conduct of games of chance. The plan shall include a physical address where games of chance will be conducted, mailing and physical address of the administrative office where all documentation for games of chance are kept, a floor plan, a copy of the applicant’s current charter, articles of incorporation, or bylaws, a list of the organization’s current official roster of active and auxiliary members, proof of organization’s tax exempt status, if applicable, if conducting pull-tab dispenser sales without concurrent bingo events, applicants that are not a veterans’ or fraternal organization, shall include proof of IRS 501 (c)(3) tax exempt status, if a charitable organization, documentation of the preceding four quarters or the last calendar year’s activities in furtherance of a charitable purpose, evidence of good standing with the public regulation commission, parent organization, and the attorney general’s office if applicable, a description of all games of chance that the licensee will conduct for each approved occasion, a payout schedule of the games of chance, the days and times of each occasion where games of chance are held, the house rules, the name, address of the in-state financial institution where a bingo operating account has been established and into which all gross receipts from games of chance will be deposited, bank signature card with all signatures and names of authorized signors on the bingo operating account, any changes to signatories on the bingo operating account, including additions and deletions, require notification to the board within three days, a copy of any contract to lease the licensed premises or bingo equipment from a lessor or distributor, and any other information requested by the board or its agents. [3.1]" >(15.4.2.11 NMAC)

Verification of New Mexico Residence

Verification of New Mexico residence is mandatory. Residence may be verified by the use of documentary evidence provided for other eligibility criteria. Documents that can be used to verify residency include rent or mortgage receipt, statement from landlord, utility bills, statement from an employer, employment records, tax office records, post office records, church or synagogue records, utility company records, school records, proof of ownership of property, current driver’s license, canceled letters, additional items as listed on ISD 135, “proof checklist”; or if documentary evidence is not readily available, use other acceptable methods of verification as in 8.100.130.9 NMAC. [4.1]" >(8.100.130.17 NMAC)

Conclusion

Based on the provided documents, it is possible to collect personal information from participants in New Mexico, but there are specific requirements that must be followed. These requirements include fingerprinting for certain licenses, following specific procedures for requests for disclosure of confidential information, and providing specific information when applying for a bingo and raffle operator’s license. Additionally, verification of New Mexico residence is mandatory and can be done using various documents.

Source(s):
Jurisdiction

New Mexico