DRIVER PRIVACY AND SAFETY ACT

SJC/SB 40
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AN ACT
RELATING TO LICENSE PLATE READERS; ENACTING THE DRIVER
PRIVACY AND SAFETY ACT; PROVIDING LIMITATIONS ON THE SHARING
OF AUTOMATED LICENSE PLATE READER INFORMATION AND REQUIRING
REPORTING; PROVIDING FOR ENFORCEMENT AND PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. SHORT TITLE.--This act may be cited as the
"Driver Privacy and Safety Act".
SECTION 2. DEFINITIONS.--As used in the Driver Privacy
and Safety Act:
A. "automated license plate reader" means an
electronic device that is capable of recording data on or
taking a photograph of a vehicle or the vehicle's license
plate and comparing the collected data and photographs to
existing law enforcement databases for investigative purposes
and includes a device that is owned or operated by a person
or an entity other than a law enforcement agency;
B. "automated license plate reader information"
means information gathered by an automated license plate
reader or created from the analysis of data generated by an
automated license plate reader, excluding information used
for the purpose of auditing an automated license plate
reader;
C. "automated license plate reader user" means a
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person or an entity that owns or operates an automated
license plate reader or has access to automated license plate
reader information;
D. "law enforcement agency" means a state or local
agency, political subdivision of the state or private entity
that employs certified law enforcement officers or that is
charged with the enforcement of state, county or municipal
laws or with managing custody of detained persons in any
state or jurisdiction, including the police department of a
municipality, the sheriff's office of a county, the
New Mexico state police division of the department of public
safety, the department of public safety or the police
department of an Indian nation, tribe or pueblo that has
entered into an agreement with the department of public
safety pursuant to Section 29-1-11 NMSA 1978; and
E. "protected health care activity" means:
(1) seeking, providing or receiving
reproductive or gender-affirming health care; or
(2) assisting an individual who is seeking,
receiving or providing reproductive or gender-affirming
health care, including providing:
(a) information;
(b) transportation;
(c) lodging; or
(d) material support.
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SECTION 3. AUTOMATED LICENSE PLATE READERS--LIMITATIONS
ON SHARING.--
A. An automated license plate reader user shall
not sell, share, allow access to or transfer automated
license plate reader information if the automated license
plate reader user has reasonable belief that the automated
license plate reader information may be used for the purpose
of:
(1) investigating or otherwise assisting in
immigration enforcement;
(2) investigating or prosecuting a protected
health care activity; or
(3) efforts to identify or impose civil or
criminal liability upon a person or an entity based solely on
the person's or entity's participation in activities
protected by the United States constitution or the
constitution of New Mexico, including assembly, petitioning
and speech.
B. An automated license plate reader user in
New Mexico that uses automated license plate reader systems
shall not allow access to automated license plate reader
information by an out-of-state third party or a
non-New Mexico law enforcement agency without first obtaining
from that party a written declaration that the party
expressly affirms that automated license plate reader
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information obtained shall not be used in a manner that would
constitute a violation of Subsection A of this section. If a
written declaration of affirmation is not executed, the
automated license plate reader user shall not share the
automated license plate reader information with the third
party.
C. An automated license plate reader user shall
not sell, share, allow access to, transfer or otherwise make
available automated license plate reader information to
non-law enforcement officers or agencies. However, a user
may make available automated license plate reader information
to the user's automated license plate reader vendor for the
purpose of providing the automated license plate reader
service to the user.
D. Automated license plate reader information is
confidential and not considered a public record for the
purposes of the Inspection of Public Records Act.
E. Privately captured automated license plate
reader information may only be sold, shared, transferred or
released with the express consent of the private entity or
pursuant to a valid court order.
SECTION 4. AUTOMATED LICENSE PLATE READERS--
REPORTING.--
A. A law enforcement agency that uses an automated
license plate reader system shall report to the department of
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public safety by April 1 of each year regarding the preceding
calendar year. The report shall include:
(1) the total number of cameras owned or
leased, categorized by mobile or stationary placement;
(2) a list of all state and federal
databases with which the system data was compared;
(3) the total number of times the system was
queried, including the purposes for the queries;
(4) a list of other law enforcement agencies
granted access to the system data;
(5) the number of identified instances of
unauthorized use or access to the system as determined by the
respective agency's audit policy;
(6) the number of subpoenas, search warrants
and third-party requests received for system data or audit
trails, including whether data was provided;
(7) the number of requests for automated
license plate reader information from out-of-state third
parties; and
(8) a list of all out-of-state agencies that
queried automated license plate reader data.
B. The department of public safety shall aggregate
reporting data and make that data publicly available by
July 1 of each year.
SECTION 5. ENFORCEMENT--PENALTIES.--
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A. The attorney general or a district attorney is
authorized to enforce the provisions of the Driver Privacy
and Safety Act.
B. In an action to enforce the Driver Privacy and
Safety Act, the court may award appropriate relief, including
temporary, preliminary or permanent injunctive relief. The
court may also assess a civil penalty for an intentional
violation of Section 3 of the Driver Privacy and Safety Act
in the amount of ten thousand dollars ($10,000) or actual
damages resulting from each violation, whichever is greater.
C. The department of public safety is authorized
to enforce the provisions of the Driver Privacy and Safety
Act.
D. A law enforcement agency that fails to comply
with the Driver Privacy and Safety Act may have that law
enforcement agency's automated license plate reader data
sharing privileges revoked and access to the state-managed
automated license plate reader systems restricted.
E. A vendor of automated license plate readers
that fails to comply with the Driver Privacy and Safety Act
or department of public safety rules may be subject to
corrective action, suspension of authorization or termination
of access.
SECTION 6. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2026.