The legislature, in enacting NMSA 1978 14-3-15.1 C, intended to permit state agencies, including municipalities, to specifically limit public use of certain types of records, thereby creating an exception to the general public policy underlying the Inspection of Public Records Act. This provides that the Town may authorize a copy of a public record be provided for any person if the person agrees:
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not to make unauthorized copies of the record;
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not to use the record for any political or commercial purpose unless the purpose and use is approved in writing by the Town;
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not to use the records for solicitation or advertisement when the record contains the name, address or telephone number of any person unless such use is otherwise specifically authorized by law;
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not to allow access to the records by any other person unless the use is approved in writing by the Town;
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and to pay a royalty or other consideration to the Town as may be agreed upon by the Town.
What are other examples of privileged or confidential records that are exempt from public inspection?
- Records pertaining to physical or mental examinations and medical treatment of persons confined to any institution – NMSA 1978 § 14-2-1(A)
- Letters of reference concerning employment, licensing or permits – NMSA 1978 § 14-2-1(B)
- Letters or memorandums which are matters of opinion in personnel files – NMSA 1978 § 14-2-1(C)
- Law enforcement records that reveal confidential sources, methods, information or individuals accused but not charged with crimes – NMSA 1978 § 14-2-1.2(A)(2)
- As provided by the Confidential Materials Act [14-3A-1, 14-3A-2 NMSA 1978];
- Trade secrets and proprietary business strategies – NMSA 1978 § 14-2-1(F)
- Attorney-client privileged communications – NMSA 1978 § 14-2-1(G)
- Long-range or strategic business plans of public hospitals discussed in a properly closed meeting -- NMSA 1978 § 14-2-1(H);
- Information that could reveal specific vulnerabilities, risk assessments or tactical emergency security procedures – NMSA 1978 § 14-2-1(I)
- As otherwise provided by law – NMSA 1978 § 14-2-1(L)
Protected Personal Identifier
The presence of other confidential information may exist within the contents of a public record, such as protected personal identifier information (PII), protected health information (PHI), student educational records (FERPA), or various other legally protected records or identifiers. It is the responsibility of the Custodian of Records to apply the appropriate redactions to public records prior to their release.
What is redaction?
Redaction is the act of removing text or images from any publication.
- “Exempt and nonexempt [information] ... shall be separated by the custodian prior to inspection, and the nonexempt information shall be made available for inspection.” NMSA 1978, § 14-2-9A
- The presence of confidential information does not make a document exempt from production
- Redactions must be made narrowly
- Blanket denials are not permitted, in most cases