N.M. Lawmakers Hesitate to Support Opt-In Privacy Bill
Perhaps New Mexico shouldn’t go beyond other states' privacy laws, legislators on the House Commerce Committee said during a livestreamed hearing Wednesday. However, an American Civil Liberties official encouraged New Mexico lawmakers to lead the way with HB-307, an opt-in privacy bill containing a private right of action, strict data minimization requirements and kids’ design code rules (see 2502060058).
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Rep. Pamelya Herndon (D) said her bill “is aimed at limiting the amount of information that can be collected about us without our consent, and therefore limiting how that information is used to manipulate us.”
The committee heard nearly one hour of testimony, with support from advocates for consumers and vulnerable populations, as well as opposition from several business groups. The panel didn’t vote because Chair Doreen Gallegos (D) said several other bills on a similar topic were coming, and the committee wants to ensure they don’t conflict with each other.
“This bill builds on and improves what we see in other states,” said Cody Venzke, senior policy counsel for ACLU, a primary sponsor of the bill. Connecticut and Maryland privacy laws, plus age-appropriate design code laws in various states, are the New Mexico bill’s foundation, he said. “That said, this bill would be the strongest, gold standard,” because it would be opt-in instead of opt-out like all the other state privacy laws, and since it would contain strong data minimization rules.
However, that didn’t appeal to all committee members. “When I hear … gold standard,” said Rep. Art De La Cruz (D), “I hear overreaching.” Similarly, Rep. Linda Serrato (D) said “it would be tricky” for a state as small as New Mexico to stake itself out as an outlier when it could affect so many consumers and businesses. Serrato introduced her comprehensive privacy bill Wednesday (HB-410) with an opt-out right and no private right of action.
Rep. Joshua Hernandez (R) worries that complying with the bill will increase costs for businesses, as well as prompt “frivolous lawsuits” that may come from its proposed private right of action. “Data privacy is so important, but” it “goes a little too far for us to be leading in this realm.”
Rep. Cristina Parajón (D) asked the ACLU official to explain why the bill contains a private right of action, considering business groups' concerns that such an enforcement mechanism would lead to a “flood of litigation.”
Privacy is “deeply personal,” answered Venzke, “and I don’t think you would want to have to resort to a governmental official to vindicate that right.” Later, answering another member’s question, Venzke added that individual lawsuits are critical to helping the government “keep up with this very quickly evolving industry.”