Section 18-9-1 – Short title.

This act [18-9-1 to 18-9-6 NMSA 1978] may be cited as the “Library Privacy Act”. History: Laws 1989, ch. 151, § 1.

Section 18-9-2 – Purpose.

The purpose of the Library Privacy Act is to preserve the intellectual freedom guaranteed by Sections 4 and 17 of Article 2 of the constitution of New Mexico by providing privacy for users of the public libraries of the state with respect to the library materials that they wish to use. History: Laws 1989, ch. […]

Section 18-9-3 – Definitions.

As used in the Library Privacy Act: A. “library” includes any library receiving public funds, any library that is a state agency and any library established by the state, an instrumentality of the state, a local government, district or authority, whether or not that library is regularly open to the public; and B. “patron record” […]

Section 18-9-4 – Release of patron records prohibited.

Patron records shall not be disclosed or released to any person not a member of the library staff in the performance of his duties, except upon written consent of the person identified in the record, or except upon court order issued to the library. The library shall have the right to be represented by counsel […]

Section 18-9-5 – Exceptions.

The prohibition on the release or disclosure of patron records in Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall not apply to overdue notices or to the release or disclosure by school libraries to the legal guardian of the patron records of unemancipated minors or legally incapacitated persons. History: Laws 1989, ch. […]

Section 18-9-6 – Violations; civil liability.

Any person who violates Section 4 [18-9-4 NMSA 1978] of the Library Privacy Act shall be subject to civil liability to the person identified in the released records for damages and costs of the action as determined by the court. History: Laws 1989, ch. 151, § 6.