HOUSE BILL 141

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Miguel P. Garcia

 

 

 

 

 

AN ACT

RELATING TO GOVERNMENTAL CONDUCT; PROHIBITING DISCLOSURE OF SENSITIVE PERSONAL INFORMATION BY STATE AGENCY EMPLOYEES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Governmental Conduct Act is enacted to read:

     "[NEW MATERIAL] SENSITIVE PERSONAL INFORMATION.--

          A. No state agency employee shall disclose sensitive personal information acquired by virtue of the employee's position with a state agency to anyone outside the state agency except when such disclosure is necessary to carry out a function of the state agency, to comply with an order of a court of this state or of the United States, in response to a subpoena, as permitted by 66-2-7.1 NMSA 1978 and as required by federal law.

          B. As used in this section, "sensitive personal information" means:

                (1) "genetic information" as defined in Subsection D of Section 24-21-2 NMSA 1978;

                (2) "protected personal identifier information" as defined in Subsection E of Section 14-2-6 NMSA 1978;

                (3) "personal information" as defined in Subsection F of Section 66-1-4.14 NMSA 1978;

                (4) a person's status as a recipient of public assistance or as a crime victim; and

                (5) a person's sexual orientation, physical or mental disability, immigration status, national origin or religion."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.

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