A. A government entity that obtains electronic communication information under the Electronic Communications Privacy Act shall report to the attorney general beginning in 2020 and every year thereafter on or before February 1. The report shall include, to the extent it reasonably can be determined:

(1) the number of times electronic information was sought or obtained under the Electronic Communications Privacy Act;

(2) the number of times each of the following were sought and, for each, the number of records obtained:

(a) electronic communication content;

(b) location information;

(c) electronic device information, excluding location information; and

(d) other electronic communication information; and

(3) for each type of information listed in Paragraph (2) of this subsection:

(a) the number of times that type of information was sought or obtained under: 1) a wiretap order issued under the Electronic Communications Privacy Act; 2) a search warrant issued under the Electronic Communications Privacy Act; and 3) an emergency request as provided in Subsection J of Section 3 [10-16F-3 NMSA 1978] of the Electronic Communications Privacy Act;

(b) the number of persons whose information was sought or obtained;

(c) the number of instances in which information sought or obtained did not specify a target natural person;

(d) for demands or requests issued upon a service provider, the number of those demands or requests that were fully complied with, partially complied with and refused;

(e) the number of times notice to targeted persons was delayed and the average length of the delay;

(f) the number of times records were shared with other government entities or any department or agency of the federal government and the government entity, department or agency names with which the records were shared;

(g) for location information, the average period for which location information was obtained or received; and

(h) the number of times electronic information obtained under the Electronic Communications Privacy Act led to a conviction and the number of instances in which electronic information was sought or obtained that were relevant to the criminal proceedings leading to those convictions.

B. Beginning in 2020 and every year thereafter, on or before April 1, the attorney general shall publish on the attorney general's website:

(1) the individual reports from each government entity that requests or compels the production of contents or records pertaining to an electronic communication or location information; and

(2) a summary aggregating each of the items in Subsection A of this section.

C. Nothing in the Electronic Communications Privacy Act prohibits or restricts a service provider from producing an annual report summarizing the demands or requests it receives under the Electronic Communications Privacy Act.

History: Laws 2019, ch. 39, § 6.

Effective dates. — Laws 2019, ch. 39 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.