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Can I sell personal information without obtaining consent in New Mexico? What are the requirements?

Based on the context documents, it is illegal to sell personal identifying information of a New Mexico resident without obtaining consent. The Security measures for storage of personal identifying information [1.2] and Disposal of personal identifying information [1.1] laws require that a person that owns or licenses personal identifying information of a New Mexico resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauthorized access, destruction, use, modification or disclosure. Additionally, they shall arrange for proper disposal of the records when they are no longer reasonably needed for business purposes. As used in this section, “proper disposal” means shredding, erasing or otherwise modifying the personal identifying information contained in the records to make the personal identifying information unreadable or undecipherable.

Furthermore, a person that discloses personal identifying information of a New Mexico resident pursuant to a contract with a service provider shall require by contract that the service provider implement and maintain reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification or disclosure [1.3].

In addition, all electronic access to vehicle registration, driver’s license or other data collected and maintained by the department pursuant to the Motor Vehicle Code that contains “personal information”, as that term is defined in Section 66-1-4.14 NMSA 1978, must utilize a data delivery system that meets the minimum requirements established by the department. The department may require any person outside the department seeking electronic access to vehicle registration, driver’s license or other data collected and maintained by the department pursuant to the Motor Vehicle Code that contains “personal information”, as that term is defined in Section 66-1-4.14 NMSA 1978, to sign a written agreement regarding minimum technical requirements, the segregation and, where appropriate, suppression of personal information and creation of audit reports and other information so that the department may verify compliance with the requirements agreed to [2.1].

Therefore, it is illegal to sell personal information without obtaining consent in New Mexico. The requirements are to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauthorized access, destruction, use, modification or disclosure, arrange for proper disposal of the records when they are no longer reasonably needed for business purposes, require by contract that the service provider implement and maintain reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification or disclosure, and utilize a data delivery system that meets the minimum requirements established by the department [1.1][2.1][1.2][1.3].

Source(s):
Jurisdiction

New Mexico