Actions: [2] SHPAC/SJC-SHPAC [19] DP-SJC
Scheduled: Not Scheduled
Senate Bill 171 (SB 171): The proposed amendment to Section 14-8-9.1 NMSA 1978 reflects a legislative effort to balance public access to information with the need to protect individual privacy. It provides clear guidelines for what information should be redacted from public records to minimize risks of misuse while maintaining the functional utility of these records for public, legal, and administrative uses.Legislation Overview:
Senate Bill 171 (SB 171): The proposed amendment to Section 14-8-9.1 NMSA 1978 proposes to enhance the privacy and security of individuals by mandating the redaction of certain personal information from public records maintained by the office of the county clerk. Key Provisions for the proposed amendment: a) Public Access and Notices: Reinforces that all documents recorded in the county clerk's office are public records but mandates public notice of this fact both physically in the clerk's office and online. b) Redaction Requirements: The day and month from dates of birth, leaving only the year visible. Social security numbers and driver's license numbers are to be partially redacted, showing only the last four digits. These measures may reduce the risk of identity theft and privacy invasions while maintaining the utility of public records for legal and administrative purposes. c) Exemptions: Health information identifying individuals is exempt from being public records, aligning with privacy laws like HIPAA. Veteran's discharge papers are segregated and restricted to certain individuals, such as the veteran or their next of kin, which respects their privacy and security. d) Restrictions on Third Parties: Prohibits the purchase, copying, or digitization of sensitive documents like death certificates by third parties until 50 years after the date of death, except under specified conditions. This is to prevent misuse of sensitive personal information. This amendment significantly enhances the privacy and security of individuals by limiting the availability of sensitive information that could be used for identity theft or other malicious activities. By requiring notices regarding the public nature of the records, it promotes transparency. However, it ensures that privacy is not compromised. Administrative Impact: County clerks will need to implement processes for the redaction of sensitive information, which may require additional resources or technology. There might be an initial increase in administrative burden or costs due to the need to update systems and train staff to comply with the new redaction requirements. Legal and Compliance Considerations: This amendment aligns with broader trends and laws aimed at protecting personal data privacy. Entities that rely on public records for background checks, legal proceedings, or other purposes will need to adjust to these changes, potentially affecting timelines and processes.