Law limiting license plate reader data being shared goes into effect in New Mexico

NEW MEXICO (KRQE) – License plate readers remain a controversial law enforcement tool. During this past legislative session, New Mexico lawmakers passed a bill that puts limits on how police use a controversial piece of technology.

The Driver Privacy and Safety Act implements safeguards on how the data collected by license plate readers is shared. It comes after instances where the technology was found to be used for non-law enforcement reasons, like people seeking abortions and immigration enforcement.

The lawmakers behind the bill said they want to ensure private information remains private. Santa Fe Police Interim Chief Ben Valdez says they are already restricted from sharing data collected from license plate readers, but he says it’s still important to have the law on the books.

“As a state, I think it puts us on the same page, which I think is very helpful. The data is the property of the City of Santa Fe. So if there’s going to be any sharing of that data. It has to be given with the express permission of the City of Santa Fe. It can’t just be used for any purpose, including being sold to a third party,” said Interim Chief Ben Valdez, Santa Fe Police Department.

Chief Valdez also emphasized that the plate readers can only be used in public spaces. “So it’s on a street that is a public road. It may be in a shopping area where that’s again within the public purview. We’re not doing plate reads in private areas that people have an expectation of privacy,” said Chief Valdez.

There are some cases where the license plate reader data would be shared, including homicide investigations that cross state lines or kidnapping. “They’ve been able to find children that were taken either by a custodial parent or another person, or even missing persons where their plate read came back as a missing person,” said Chief Valdez.

Under the new law, agencies are also required to submit annual reports to the Department of Public Safety on how the tech is being used.

In all, 15 new laws went into effect on Wednesday, including shifting “aggravated battery on a peace officer inflicting great bodily harm” from a third-degree felony to second degree and creating an Office of Special Education in the Public Education Department.