Can I use third-party social media tools that collect personal information in New Mexico? What are the requirements?

Use of Third-Party Social Media Tools in New Mexico

If you are using third-party social media tools that collect personal information in New Mexico, you must comply with the state’s laws and regulations regarding the use and protection of personal identifying information.

According to New Mexico Statutes Annotated (NMSA) 57-12B-4, businesses are restricted from making the entirety of a social security number available to the general public, including intentionally communicating a social security number to the general public or printing a social security number on a receipt issued for the purchase of products or services. Additionally, businesses are prohibited from requiring the use of a social security number over the internet without a secure connection or encryption security or to access an internet account unless a password or unique personal identification number or other personal authentication device is also required to access the account.

Furthermore, NMSA 57-12B-3 prohibits businesses from requiring a consumer’s social security number as a condition for the consumer to lease or purchase products, goods, or services from the business, except as provided in Subsection B of this section.

If you disclose personal identifying information of a New Mexico resident pursuant to a contract with a service provider, you must 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, as per NMSA 57-12C-5.

Conclusion

In summary, if you are using third-party social media tools that collect personal information in New Mexico, you must comply with the state’s laws and regulations regarding the use and protection of personal identifying information. You cannot make social security numbers available to the general public, require their use over the internet without secure connection or encryption security, or require them as a condition for the consumer to lease or purchase products, goods, or services. Additionally, if you disclose personal identifying information of a New Mexico resident pursuant to a contract with a service provider, you must 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.

Jurisdiction

New Mexico

• Privacy