Protected personal identifier information contained in public records may be redacted by a public body before inspection or copying of a record. The presence of protected personal identifier information on a record does not exempt the record from inspection. Unredacted records that contain protected personal identifier information shall not be made available on publicly accessible websites operated by or managed on behalf of a public body.

History: 1978 Comp., § 14-2-1.1, enacted by Laws 2019, ch. 27, § 2.

ANNOTATIONS

Effective dates. — Laws 2019, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.

IPRA catchall "as otherwise provided by law" exception incorporates regulations having the force of law. — Based on the plain language of 14-2-1(L) NMSA 1978, the "catchall provision," and from its construction by New Mexico courts, it is apparent that the legislature's purpose is to allow the confidentiality provisions of other statutes, regulations, court rules, and constitutional privileges to be applied as exceptions to the Inspection of Public Records Act (IPRA) and to do so without the legislature having to enact each of them again as part of IPRA. Beck v. State ex rel. CYFD, 2024-NMCA-082, cert. denied.

CYFD regulation prohibiting the disclosure of foster parents' identifying information has the force of law and is incorporated by the catchall "as otherwise provided by law" exception. — Where the children, youth and families department (CYFD) redacted the names, email addresses, and physical addresses of CYFD licensed foster parents from its responses to plaintiff's requests for emails, text messages, and other meeting notes mentioning plaintiff by name, claiming that the names and other personally-identifying information of foster parents sought by plaintiff were exempt from disclosure under the catchall, "as otherwise provided by law" exception to IPRA inspection, 14-2-1(L) NMSA 1978, and where plaintiff claimed that 14-2-6(F) NMSA 1978 and 14-2-1.1 NMSA 1978, which together allow state agencies to redact certain "protected personal identifiers" from all documents prior to their inspection under IPRA, provide the exclusive list of personal identifying information that may be exempted from inspection by a public agency under IPRA, the district court erred in requiring CYFD to make available for inspection the personal identifying information of CYFD licensed foster parents, because CYFD's regulation protecting the personally identifying information of foster parents is a regulation having the force of law, enforceable under the "as otherwise provided by law" exception. Beck v. State ex rel. CYFD, 2024-NMCA-082, cert. denied.