New Mexico Privacy laws & HR compliance analysis

New Mexico Privacy: What you need to know

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.
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Identity theft is a crime in New Mexico (NM Stat. Sec. 30-16-24.1). An individual commits identity theft when he or she willfully obtains, records, or transfers personal identifying information of another person without authorization or consent and with the intent to defraud that person or another or with the intent to sell or distribute the information to another for an illegal purpose. Additionally, an individual commits the crime of “obtaining identity by electronic fraud” when he or she knowingly and willfully solicits, requests, or takes any action by means of a fraudulent electronic communication with the intent to obtain another person's personal identifying information.
Personal identifying information is information that identifies a person, including the person's name, address, telephone number, driver's license number, Social Security number (SSN), date of birth, biometric data, place of employment, maiden name, demand deposit account number, checking or savings account number, credit card or debit card number, personal identification number, electronic identification code, automated or electronic signature, passwords, or any other numbers or information that can be used to access a person's financial resources, obtain identification, act as identification, or obtain goods or services.
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