How the Legislature has changed IPRA through the years
The Inspection of Public Records Act has been significantly amended since it was first written into New Mexico law in 1947. Here we highlight some of the changes to IPRA, using information taken from the 2024 version of the Attorney General’s Compliance guide, officially called "The Inspection of Public Records Act: A Compliance Guide on Government Transparency for New Mexicans and Their Public Officials."
Two new exceptions to IPRA were added. One exemption is regarding records gathered during the course of investigations by the Office of Child Advocate. The second exemption is related to identifying information on a provider employed by a public body who performs medical services related to abortion. [New sections: 14-2-1 (K-L)]
The Legislature made several changes to IPRA, especially around “exceptions” — records that cannot be released to the public. It created an entirely new section for law enforcement records and added provisions clarifying what IT information can be withheld, as well as when the public can be told who applied for competitive grants, leases, or scholarships. [New sections: 14-2-1.2(A-D); 14-2-1(J)(1-3); 14-2-1(K)]
The Legislature created a new section on personal identifier information, making clear that a record cannot be withheld simply because it contains that type of information. Instead, the personal details should be redacted and the rest of the record released. The Legislature also significantly expanded the law enforcement exceptions, growing them from a single paragraph to five. [New section: 14-2-1.1]
The legislature added a definition of “trade secret" to IPRA. But it doesn’t so much give you a definition as tell you to go to the New Mexico Uniform Trade Secrets Act for the definition. That definition essentially says a “trade secret” is information a business keeps confidential because it has value from not being public and the business actively works to keep it that way. [New definition in IPRA: 14-2-6(I)]
The legislature defined “protected personal identifier information” as information that could be redacted and also clarified the conditions under which database information of public bodies may be copied and sold.
The legislature named the statute the “Inspection of Public Records Act” and adopted significant amendments, including requiring designated records custodians responsible for facilitating inspection, establishing inspection procedures, and adding enforcement authority.
The law became a modern, structured statute rather than a simple access rule when it was formally codified as Chapter 14, Article 2. Also, a clear policy statement was also added: the public is entitled to the “greatest possible information” about government. Additionally, definitions for key terms were written in, such as for “public records.”
Several small but notable additions to the law were made during this time, including exceptions for letters of reference in personnel and student files, the exception under the Confidential Materials Act. In 1983 a new enforcement method for a requester to file a writ of mandamus action to compel compliance. In 1977, the New Mexico Supreme Court reinforced this right, stating that “a citizen’s right to know is the rule, and secrecy is the exception.”
The original law established the basic right to inspect public records, including the core principle that all records can be released to the public except those that are specifically exempt. The law included a short list of exceptions, including medical and institutional records; letters of reference; and opinion-based personnel materials
[Laws 1947, Chapter 130, Section 1]