New Mexico Privacy laws & HR compliance analysis

New Mexico Privacy: What you need to know

Common law. The New Mexico courts have recognized the legal claim of invasion of privacy (Bitsie v. Walston, 85 N.M. 655 (N.M. Ct. App. 1973)). There are four separate claims of invasion of privacy:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts;
• Publicity that places one in a false light in the public eye; and
• Appropriation of one's name or likeness (Gruschus v. Curtis Publishing Company, 342 F.2d 775, 776 (10th Cir. (N.M.) 1965)).
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Social Security numbers (SSNs). Under New Mexico's Privacy Protection Act, no business can require a consumer to provide his or her SSN to lease or purchase goods or services except:
• In an application for credit, in connection with an annuity, or in insurance transactions; or
• If the consumer consents to use of his or her SSN (N.M. Stat. § 57-12B-3).
A company that uses consumers' SSNs must adopt policies limiting access to SSNs to employees who need the information to perform their jobs and must hold employees responsible if SSNs are released to unauthorized persons.
With few exceptions, businesses cannot:
• Intentionally communicate an SSN to the general public;
• Print an SSN on a receipt for the purchase of goods or services;
• Require the use of an SSN over the Internet without a secure connection or encryption security or require the use of an SSN to access an Internet account unless a password or unique personal identification number is also required to access the account;
• Print an SSN on materials mailed to a consumer unless authorized by federal or state law;
• Require a consumer to include his or her SSN on materials to be mailed in any other manner in which the number may be visible;
• Transmit material ...

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