A. Except as otherwise provided by federal or state law, information contained in information systems databases shall be a public record and shall be subject to disclosure in printed or typed format by the state agency that has inserted that information into the database, in accordance with the Public Records Act, upon the payment of a reasonable fee for the service.
B. The administrator shall recommend to the commission the procedures, schedules and technical standards for the retention of computer databases.
C. The state agency that has inserted data in a database may authorize a copy to be made of a computer tape or other medium containing a computerized database of a public record for any person if the person agrees:
(1) not to make unauthorized copies of the database;
(2) not to use the database for any political or commercial purpose unless the purpose and use is approved in writing by the state agency that created the database;
(3) not to use the database for solicitation or advertisement when the database contains the name, address or telephone number of any person unless such use is otherwise specifically authorized by law;
(4) not to allow access to the database by any other person unless the use is approved in writing by the state agency that created the database; and
(5) to pay a royalty or other consideration to the state as may be agreed upon by the state agency that created the database.
D. If more than one state agency is responsible for the information inserted in the database, the agencies shall enter into an agreement designating a lead agency. If the agencies cannot agree as to the designation of a lead state agency, the commission shall designate one of the state agencies as the lead agency to carry out the responsibilities set forth in this section.
E. Subject to any confidentiality provisions of law, any state agency may permit another state agency access to all or any portion of a computerized database created by a state agency.
F. If information contained in a database is searched, manipulated or retrieved or a copy of the database is made for any private or nonpublic use, a fee shall be charged by the state agency permitting access or use of the database.
G. Except as authorized by law or rule of the commission, any person who reveals to any unauthorized person information contained in a computer database or who uses or permits the unauthorized use or access of any computer database is guilty of a misdemeanor, and upon conviction the court shall sentence that person to jail for a definite term not to exceed one year or to payment of a fine not to exceed five thousand dollars ($5,000) or both. That person shall not be employed by the state for a period of five years after the date of conviction.
History: Laws 1986, ch. 81, § 9; 1993, ch. 197, § 11; 1978 Comp., § 15-1-9, amended and recompiled as 1978 Comp., § 14-3-15.1 by Laws 1995, ch. 110, § 8.
ANNOTATIONSRepeals. — Laws 1986, ch. 81, § 15 repealed former 15-1-9 NMSA 1978, as enacted by Laws 1984, ch. 64, § 12, relating to records contained in information systems databases, effective May 21, 1986. Laws 1986, ch. 81, § 9 enacted a new 15-1-9 NMSA 1978.
Recompilations. — Laws 1995, ch. 110, § 8 recompiled and amended former 15-1-9 NMSA 1978 as 14-3-1 NMSA 1978, effective July 1, 1995.
Cross references. — For electronic authentication and substitution for signature, see 14-3-15.2 NMSA 1978.
For format of rules filings under State Rules Act, see 14-4-3 NMSA 1978.
For Computer Crimes Act, see 30-45-1 to 30-45-7 NMSA 1978.
The 1995 amendment, effective July 1, 1995, renumbered the section; substituted "administrator" for "secretary" and made a minor stylistic change in Subsection B; deleted "with the approval of the secretary" following "database" in Subsection C; deleted "secretary and the" preceding "state agency" in Paragraph (2) of Subsection C; deleted "the commission and" following "writing by" in Paragraph (4) of Subsection C; deleted "the secretary and" preceding "the state agency"; substituted the language beginning with "the agencies shall enter" and ending with "the lead agency" for "a single state agency shall be designated by the secretary" in Subsection D; deleted "to be prescribed by rule of the secretary" following "a fee" in Subsection F; and substituted "commission" for "secretary" in Subsection G.
The 1993 amendment, effective July 1, 1993, substituted "commission" for "council" in Paragraph (4) of Subsection C and made minor stylistic changes in Subsections A, C and G.
Subsection C is statute of very specific application. Crutchfield v. Taxation & Revenue Dep't, 2005-NMCA-022, 137 N.M. 26, 106 P.3d 1273.
Intent of Subsection C. — The legislature, in enacting Subsection C of this section, intended to permit state agencies to specifically limit public use of a certain type of record. Crutchfield v. Taxation & Revenue Dep't, 2005-NMCA-022, 137 N.M. 26, 106 P.3d 1273.
Computerized database of public record. — There is no intent on the part of the legislature with respect to Subsection C of this section that that statute and the policy underlying it, and not the Inspection of Public Records Act and the policies underlying it, apply to a copy of a medium containing a computerized database of a public record. Crutchfield v. Taxation & Revenue Dep't, 2005-NMCA-022, 137 N.M. 26, 106 P.3d 1273.
Waiver of rights under Subsection C. — That the department of taxation & revenue has decided to provide, free of charge, portions of its database piecemeal on the website while at the same time placing restrictions on or even denying use to persons requesting the entire database for commercial use does not require a finding that the department waived its rights under Subsection C of this section. Crutchfield v. Taxation & Revenue Dep't, 2005-NMCA-022, 137 N.M. 26, 106 P.3d 1273.
Access to abbreviations and terms used in electronic database. — Where trial court did not err in upholding the department of taxation and revenue's rejection pursuant to Subsection C of this section of plaintiff's electronic database request, there is no basis in which plaintiff is entitled to the records that contained abbreviations and terms used by the department in categorizing and sorting the severance tax data on its electronic database. Crutchfield v. Taxation & Revenue Dep't, 2005-NMCA-022, 137 N.M. 26, 106 P.3d 1273.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 50 Am. Jur. 2d Larceny § 67 et seq.; 66 Am. Jur. 2d Records and Recording Laws §§ 1 to 3, 10, 12 to 15, 19.
Enforceability by mandamus of right to inspect public records, 60 A.L.R. 1356, 169 A.L.R. 653.
Proof of public records kept or stored on electronic computing equipment, 71 A.L.R.3d 232.
Criminal liability for theft of, interference with or unauthorized use of, computer programs, files, or systems, 51 A.L.R.4th 971.
52A C.J.S. Larceny § 129(2); 76 C.J.S. Records § 1 et seq.