Two data privacy bills are currently pending in the New Mexico Legislature, aiming to protect residents’ personal information online. Both bills would require consent for the disclosure of data such as religious faith, consumer spending, health care, and citizenship status. The New Mexico Department of Justice would be responsible for enforcing the law and creating rules.
One bill, introduced by Sen. Katy Duhigg, would allow consumers to sue tech companies for violations of the law. This bill has support from local community groups and is opposed by big tech companies and the Attorney General. On the other hand, a second bill, HB410, is supported by the Attorney General and tech companies, and does not allow consumers to sue for privacy violations.
The debate centers around whether consumers should have the ability to hold companies accountable through lawsuits. Proponents of allowing consumer lawsuits argue that it empowers individuals to protect their privacy. Opponents, including big tech companies, argue that enforcement should be left to state attorneys general.
The bills highlight a fundamental difference in priorities, with one focused on protecting profits and the other on community protection. As the debate continues in the remaining weeks of the legislative session, the outcome will have significant implications for data privacy in New Mexico.
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