Starting when the first public records law was written in 1947, there have always been two parts to New Mexico’s view of access to public records:
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All records must be available to be viewed by the public
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There are some limited exceptions
That is what we go over here, the exceptions. This is what they are called in IPRA, but it is often more illustrative to think and refer to them as exemptions.​
When a records request is denied, one or more of these exemptions will often be cited as the reason why.
In the Inspection of Public Records Act, the exemptions are broken up into two different sections: a general list and a law enforcement list.​​​​
Below, we give the most common exemptions used when a record request is denied in straightforward language.
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All the exceptions, including ones such as "business plans of public hospitals" that are rarely used, can be found in IPRA
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General Exceptions​
These exceptions are found in Section 14-2-1(A-M) of the Inspection of Public Records Act
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The very first section of IPRA lists 14 record exceptions that fall under a range of topics, from computer systems to personnel files. Here we go over the 9 most common exceptions:
The medical records of people in prisons, jail or any mental health facility​
Medical records are not only protected in IPRA, but also in several other state and federal laws. This exception does not apply to “de-identified patient aggregate data.” This type of data takes information from individual patient records, strips out anything that could identify a patient, and then combines it all into a spreadsheet. Researchers can then look at all the data and do an analysis without risking individual privacy.
Reference letters when someone applies for a job, license or permit​
A reference letter gives someone’s opinion. It’s not a statement of fact and thus can’t be released.
Any part of a personnel file where someone gives their opinion
When someone writes down their opinion of an employee, that record cannot be released. This includes disciplinary actions, performance evaluations, demotions, terminations, hiring or re-hiring opinions, promotion, demotion, or termination.
The records that can be released include:
• Job applications
• Resumes
• Employment contract
• Employment termination letter
• Employee resignation letter
• Records reflecting salary
• Citizen complaints
• Investigations of a law enforcement officer that are conducted by an outside entity, but not the employer.​
IPRA REQUEST TIP
When asking for records that are part of a personnel file, we suggest avoiding general phrasing such as "employment records" or "personnel records" so as not to trigger a denial.
Trade secrets
A trade secret is information — like a formula, pattern, program, method, or process — that meets two requirements:
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It has economic value because it is not generally known and not easy for others to figure out; and
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The owner makes reasonable efforts to keep it secret
The record being withheld must fit this definition.
Attorney-client privileged information
If a lawyer talks or writes to someone or a public body for the purpose of providing legal advice, then that conversation is protected.
Protected conversations with attorneys must include:
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A communication
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Made in confidence (not meant to be shared broadly)
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Between privileged people (client, lawyer, or their representatives)
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For the purpose of getting or giving legal advice
If a lawyer is physically present when a conversation happens or is copied on an email, that does not mean it’s protected. If a lawyer is acting like a manager, administrator, or spokesperson, that’s not legal services.
Tactical response plans or procedures
The purpose of this exception is to protect vulnerable systems and to make sure emergency security procedures don’t get released to the wrong people.
In order to use this exception, the record custodian must show that the record being asked is part of a governmental tactical response plan or procedure, and not simply related to public safety or security.​
IPRA REQUEST TIP
​If your record request is denied using this exception, ask for the name, creation date, and date of enactment of the tactical response plan it is a part of.
Information concerning technology systems that could help hackers
This exception includes software coding and network architecture, which shouldn’t be released because it might be used for cyber attacks.
Submissions for a competitive grant, land lease or scholarship
Revealing who applied for these things before a finalist is named would give some applicants an unfair advantage.
Otherwise provided by law exceptions
This exception is found in Section 14-2-1(N of the Inspection of Public Records Act
In IPRA, this is actually the last item listed under the general exceptions, but we decided to give it special treatment. That’s because this exception — which only says “as otherwise provided by law” — hides a whole lot of other exceptions.
That phrase — “otherwise provided by law” — means there are other laws, besides IPRA, that have public records exemptions. And those exceptions can lead to denied requests.
Here are examples of some of those exceptions in other laws​
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IPRA REQUEST TIP
If your records request is denied according to this subsection, ask which law they are using as the basis for the denial. If it’s a local ordinance or a regulation, you could choose to file a complaint with the Attorney General’s Office.
Law enforcement exceptions​​​​
“Law enforcement records are public records, except as provided by law.”
These exceptions are found in Section 14-2-1.2 of the Inspection of Public Records Act
The law enforcement exceptions are not supposed to act as blanket exemptions, allowing entire records to be withheld indefinitely. Instead, the exceptions allow some records to be withheld at certain stages of investigations or prosecutions. Here, we don’t give all the exceptions, only the ones most commonly used. To see the full list, you can view the text of the IPRA law.
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Names and other information about victims and witnesses before charges are filed against a suspect
Most information about victims and witnesses — including their names — is confidential until charges are officially filed against a suspect, but this doesn’t mean that it will be released. Information about victims and witnesses is also protected under other laws, such as the Victims of Crime Act.​
Name and other information about a suspect before charges are filed against them​
As is the case with victims and witnesses, most information about a suspect — including their name — is confidential until charges are officially filed against them.
If the crime is a misdemeanor, the charges are filed when the officer files an official criminal complaint. This filing usually occurs within 48–72 hours if a suspect is in custody. For felonies, charges can only be filed after a judge or grand jury finds probable cause. If charges are never filed, their name is not released.
Confidential sources, methods or information
According to police, some investigative tactics they use must remain closely guarded secrets because, if they got into the hands of criminals, it would give them an edge.
Videos or photos showing a dead body or great bodily harm, unless a police officer was involved. Also, any image or recording of an individual’s intimate body parts or of a death notification to a family.​
These exceptions were created to protect the privacy of victims and witnesses in the age of lapel or body-worn cameras. The law prohibits the release of an image — which can be a photo or video — that shows sensitive subject matter. If you request a video that has sensitive material, the records department will blur it out before giving you the video. The blurring out — or other type of redaction — takes a long time. You will not get these records quickly. Please be patient.
You have to follow certain extra steps to get a video, which you can find below. If you want to see an unedited version, you can view a video or listen to an audio file in person. (Confidential sources and methods will still be redacted). If you wish to do this, make an IPRA request stating you wish to view an unredacted version of a video and ask for the time and date at which this can happen.​
The steps to requesting a police video
To get a copy of a video or audio recording, you need to know some information about it so the custodian can find it. In your records request, you have to, by law, put at least one of the following, although you should really add as much of this information as you know:
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Date it happened or date range
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Time it happened, approximately
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Police report number
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Number given to incident by the 911 system. This is called the Computer-Aided Dispatch (CAD) record number, which is the unique identifier assigned to a specific 911 call. It is often considered the "call number" or "incident number" by law enforcement and emergency services
Body cam and lapel footage records take time for employees to get ready. They must carefully redacted each frame, so be patient and be specific with your request.