A. When the attorney general has a reasonable belief that a violation of the Data Breach Notification Act has occurred, the attorney general may bring an action on the behalf of individuals and in the name of the state alleging a violation of that act.
B. In any action filed by the attorney general pursuant to the Data Breach Notification Act, the court may:
(1) issue an injunction; and
(2) award damages for actual costs or losses, including consequential financial losses.
C. If the court determines that a person violated the Data Breach Notification Act knowingly or recklessly, the court may impose a civil penalty of the greater of twenty-five thousand dollars ($25,000) or, in the case of failed notification, ten dollars ($10.00) per instance of failed notification up to a maximum of one hundred fifty thousand dollars ($150,000).
History: Laws 2017, ch. 36, § 11.
Effective dates. — Laws 2017, ch. 36 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2017, 90 days after the adjournment of the legislature.
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