HOUSE BILL 488
56th legislature - STATE OF NEW MEXICO - first session, 2023
Andrea Romero and Elizabeth "Liz" Thomson
RELATING TO UNFAIR PRACTICES; AMENDING AND ENACTING SECTIONS OF THE UNFAIR PRACTICES ACT; PROHIBITING THE DISSEMINATION OF AN INDIVIDUAL'S HEALTH DATA, MENTAL HEALTH DATA OR LOCATION DATA EXCEPT IN CERTAIN CIRCUMSTANCES; PROVIDING DEFINITIONS; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Unfair Practices Act is enacted to read:
"[NEW MATERIAL] SELLING AND TRANSFERRING HEALTH DATA, MENTAL HEALTH DATA AND LOCATION DATA--PROHIBITED ACT--PENALTY.--
A. It is unlawful to share, license, sell, trade, transfer or otherwise provide or make available an individual's health data, mental health data or location data except when:
(1) expressly required or authorized by law;
(2) affirmatively authorized by the individual upon informed consent; or
(3) necessary for law enforcement activities undertaken by a law enforcement agency or prosecuting authority.
B. As used in this section:
(1) "health data" and "mental health data" mean information linked to specific individuals or groups of individuals sharing the same residence or internet protocol address that reveals or describes the search for, attempt to obtain or receipt of any health or mental health services, including the type of specialization of a medical or mental health provider or the provider's clinical facility, any past, present or future disability, physical health condition, mental health condition or health condition of an individual, including pregnancy and miscarriage, and any treatment or diagnosis of such conditions; and
(2) "location data" means data capable of determining the past or present physical location of an individual or an individual's internet connection device.
C. A violation of this section shall be subject to the civil penalty provided in Section 57-12-11 NMSA 1978, with each instance of violation of Subsection A of this section constituting a separate occurrence."
SECTION 2. Section 57-12-11 NMSA 1978 (being Laws 1970, Chapter 38, Section 2) is amended to read:
"57-12-11. CIVIL PENALTY.--In any action brought under Section [49-15-7 NMSA 1953] 57-12-8 NMSA 1978, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Unfair Practices Act, the attorney general, upon petition to the court, may recover on behalf of the state [of New Mexico] a civil penalty of not [exceeding five thousand dollars ($5,000) per violation] less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) per occurrence."
SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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