A. It is unlawful for any department or bureau employee or contractor or for any former department or bureau employee or contractor to disclose to any person other than another employee of the department or bureau any personal information about an individual obtained by the department or bureau in connection with a driver's license or permit, the titling or registration of a vehicle, the administration of the Ignition Interlock Licensing Act [66-5-501 to 66-5-504 NMSA 1978] and the interlock device fund or an identification card issued by the department pursuant to the Motor Vehicle Code except:
(1) to the individual or the individual's authorized representative;
(2) for use by any governmental agency, including any court, in carrying out its functions or by any private person acting on behalf of the government;
(3) for use in connection with matters of motor vehicle and driver safety or theft; motor vehicle emissions; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; motor vehicle production alterations, recalls or advisories; and removal of non-owner records from original owner records of motor vehicle manufacturers;
(4) for use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals;
(5) for use by any insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting;
(6) for providing notice to owners of towed or impounded vehicles;
(7) for use by an employer or its agent or insurer in obtaining or verifying information relating to a holder of a commercial driver's license;
(8) for use by any requester if the requester demonstrates that it has obtained the written consent of the individual to whom the information pertains;
(9) for use by an insured state-chartered or federally chartered credit union; an insured state or national bank; an insured state or federal savings and loan association; or an insured savings bank, but only:
(a) to verify the accuracy of personal information submitted by an individual to the credit union, bank, savings and loan association or savings bank; and
(b) if the information as submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest from the individual;
(10) for providing organ donor information as provided in the Jonathan Spradling Revised Uniform Anatomical Gift Act [24-6B-1 to 24-6B-25 NMSA 1978] or Section 66-5-10 NMSA 1978; or
(11) for providing the names and addresses of all lienholders and owners of record of abandoned vehicles to storage facilities or wrecker yards for the purpose of providing notice as required in Section 66-3-121 NMSA 1978.
B. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History: 1978 Comp., § 66-2-7.1, enacted by Laws 1995, ch. 135, § 4; 1998, ch. 13, § 1; 1999, ch. 53, § 1; 2000, ch. 29, § 1; 2007, ch. 323, § 31; 2007, ch. 324, § 1.
ANNOTATIONS2007 Multiple Amendments. — Laws 2007, ch. 323, § 31 and Laws 2007, ch. 324, § 1 enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2007, ch. 324, § 1, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2007, ch. 323, § 31 and Laws 2007, ch. 324, § 1 are described below. To view the session laws in their entirety, see the 2007 session laws on NMOneSource.com.
Laws 2007, ch. 324, § 1, effective June 15, 2007, provided that it is unlawful to disclose information obtained in connection with the administration of the Ignition Interlock Licensing Act and the interlock device fund.
Laws 2007, ch. 323, § 31, effective July 1, 2007, in Paragraph 10 of Subsection A changed the title of the Uniform Anatomical Gift Act to the Jonathan Spradling Revised Uniform Anatomical Gift Act.
The 2000 amendment, effective May 17, 2000, added Subsection A(11) and substituted "sentenced" for "punished" in Subsection B.
The 1999 amendment, effective June 18, 1999, in Subsection A deleted former Paragraph (9), relating to the requirement that the motor vehicle department clearly and conspicuously disclose on any forms that personal information collected by the department may be disclosed to any person and the forms must indicate that there is the opportunity to prohibit such disclosure, redesignated former Paragraph (10) as Paragraph (9), and added Paragraph (10).
The 1998 amendment added Paragraph A(10) and made minor stylistic changes. Laws 1998, ch. 13 contains no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, is effective on May 20, 1998, 90 days after adjournment of the legislature.
Driver's license records. — Where plaintiffs, who wanted to research whether undocumented aliens were voting in elections in New Mexico, requested information about driver's licenses issued to persons who were not citizens or legal residents of the United States, defendants properly redacted individual tax identification numbers and the names, driver's license numbers, and addresses of drivers who obtained their license with proof of identification other than a social security number because the redacted information was personal information which defendants were prohibited from disclosing by 18 U.S.C. § 2721(a)(1) and by Section 66-2-7.1 NMSA 1978. Republican Party of N.M. v. N.M. Taxation & Revenue Dep't, 2010-NMCA-080, 148 N.M. 877, 242 P.3d 444, cert. granted, 2010-NMCERT-008, 148 N.M. 942, 242 P.3d 1288.
Research activities. — Where plaintiffs requested information about driver's licenses issued to persons who were not citizens or legal residents of the United States for the purpose of challenging voter eligibility; to establish voter fraud, plaintiffs would be required to disclose the personal driver's license information they received from the motor vehicle records to the persons who are permitted by Section 1-4-22 NMSA 1978 to advance a claim challenging voter eligibility and to the district court; and to verify voter eligibility, plaintiffs would have to use the personal driver's license information to contact the individuals from whom the personal driver's license information was obtained, the research exception to confidentiality did not apply. Republican Party of N.M. v. N.M. Taxation & Revenue Dep't, 2010-NMCA-080, 148 N.M. 877, 242 P.3d 444, cert. granted, 2010-NMCERT-008, 148 N.M. 942, 242 P.3d 1288.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction and application of federal Drivers Privacy Protection Act, 18 U.S.C.A. § 2721 to 2725. 183 A.L.R. Fed. 37.