Main Content
New Mexico
Copyright Status: Yellow
Openness Score: 0.17
What is the law?
Binding, on-point law (about)
None
Advisory sources (about)
None
Public records law (about)
New Mexico has recognized a common law right of access to public records since at least 1925. 1925-26 N.M. Op. Att'y Gen. 10, cited here. New Mexico enacted their first open records law in 1947, and the current Inspection of Public Records Act may be found at N.M. Stat. Ann. § 14-2-1.
Does the public records law restrict the use of disclosed records?
By statute, "[n]o person requesting records shall be required to state the reason for inspecting the records." N.M. Stat. Ann. § 14-2-8(C). The format in which requested government data may be received, however, may be limited. The law allows government data provided in electronic format to be restricted to non-commercial and non-political uses without prior written approval. N.M. Stat. Ann. § 14-3-15.1(C)(2).
Specifics and examples (about)
Status | Applies to... | Based on? |
---|---|---|
Copyrightable by statute | Intellectual property of the New Mexico Research Applications Center | N.M. Stat. Ann. § 53-7B-5 |
Copyrightable by statute | Intellectual property of the New Mexico Lottery Authority | N.M. Stat. Ann. § 6-24-6 |
Copyrightable by administrative rule | "copyrightable text, graphics, design, selection and arrangement of information" on the New Mexico Department of Workforce Solutions website | N.M. Admin. Code § 11.3.100.107(F); see also http://www.dws.state.nm.us/TermsOfUse.aspx. |
Copyright asserted by commission | "text, graphics, images, multimedia, software, and other Web site content... [and] [t]he compilation (meaning the collection, arrangement and assembly) of all content on [the New Mexico Arts] Web site" | http://www.nmarts.org/copyright-statement.html |
Additional things to consider (about)
Specific records are occasionally referred to as "property of" a particular state entity in the New Mexico code: see N.M. Stat. Ann. § 60-1A-30 ("All personnel, records, equipment, supplies and other property of the state racing commission"); N.M. Stat. Ann. § 9-24-15 ("All appropriations, money, personnel, records, files, furniture, equipment, supplies and other property of the state department of public education"); N.M. Stat. Ann. § 6-5-2.1 ("books, accounts, reports, vouchers, correspondence files and other records, bank accounts, money and other property of a state agency").
N.M. Stat. Ann. § 14-5-3 authorizes state officers to make copies of public records found in the possession of private individuals.
Where else to go
-
Reporters Committee for Freedom of the Press, Open Government Guide: Access to Public Records and Meetings in New Mexico, available at http://www.rcfp.org/rcfp/orders/docs/ogg/NM.pdf.
-
New Mexico Office of the Governor, Inspection of Public Records Act, available at http://www.governor.state.nm.us/New_Mexico_Inspection_of_Public_Records.aspx .
-
New Mexico Commission of Public Records, State Records Center and Archives, available at http://www.nmcpr.state.nm.us/archives/archives_hm.htm.
Bibliography
Statutes
-
N.M. Stat. Ann. § 14-2-1.
-
N.M. Stat. Ann. § 14-2-8.
-
N.M. Stat. Ann. § 14-3-15.1.
-
N.M. Stat. Ann. § 53-7B-5.
-
N.M. Stat. Ann. § 6-24-6.
-
N.M. Stat. Ann. § 60-1A-30.
-
N.M. Stat. Ann. § 9-24-15.
-
N.M. Stat. Ann. § 6-5-2.1.
-
N.M. Stat. Ann. § 14-5-3.
Administrative Rules
- N.M. Admin. Code § 11.3.100.107, available at http://164.64.110.239/nmac/cgi-bin/hse/homepagesearchengine.exe?url=http://164.64.110.239/nmac/parts/title11/11.003.0100.htm;geturl;terms=11.3.100.107.
Attorney General Opinions
- 1925-26 N.M. Op. Att'y Gen. 10.
Other
-
Reporters Committee for Freedom of the Press, Open Government Guide: Access to Public Records and Meetings in New Mexico, available at http://www.rcfp.org/rcfp/orders/docs/ogg/NM.pdf.
-
New Mexico Department of Workforce Solutions, Terms of Use, available at http://www.dws.state.nm.us/TermsOfUse.aspx.
-
New Mexico Arts, Copyright Statement, available at http://www.nmarts.org/copyright-statement.html.