This act [10-16F-1 to 10-16F-4 NMSA 1978] may be cited as the “Electronic Communications Privacy Act”. History: Laws 2019, ch. 39, § 1. ANNOTATIONS Effective dates. — Laws 2019, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment […]
As used in the Electronic Communications Privacy Act: A. “adverse result” means: (1) danger to the life or physical safety of a natural person; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of a potential witness; or (5) serious jeopardy to an investigation; B. “authorized possessor” means a natural person […]
A. Except as otherwise provided in this section, a government entity shall not: (1) compel or incentivize the production of or access to electronic communication information from a service provider; (2) compel the production of or access to electronic device information from a person other than the device’s authorized possessor; or (3) access electronic device […]
A. Except as otherwise provided in this section, a government entity that executes a warrant or obtains electronic information in an emergency as provided in Section 10-16F-3 NMSA 1978 shall: (1) serve upon or deliver, by registered or first-class mail, electronic mail or other means reasonably calculated to be effective, to the identified targets of […]
A. A person in a trial, hearing or proceeding may move to suppress any electronic information obtained or retained in violation of the United States constitution, the constitution of New Mexico or the Electronic Communications Privacy Act. The motion shall be made, determined and subject to review in accordance with the procedures provided in law. […]
A. A government entity that obtains electronic communication information under the Electronic Communications Privacy Act shall report to the attorney general beginning in 2021 and every year thereafter on or before February 1. The report shall include, to the extent it reasonably can be determined: (1) the number of times electronic information was sought or […]
