Otherwise Provided by Law Exceptions
SOME EXAMPLES
The very first section of IPRA is about exceptions, which allow or require agencies to withhold information
The very last exception in that list has only four words: “As otherwise provided by law.”
It means there are other state and federal laws, as well as parts of the New Mexico Constitution, that contain other exceptions.
And those exceptions can lead to denied requests.​​​
These examples we give here are lifted in their entirety from the Attorney General's IPRA Compliance Guide (Pages 26-31) because we could not hope to do a better job (and not because we are lazy)
​
Each example lists the statute number in italics, a title underlined and bold, and an explanation
​§ 1-4-5.5
Voter information.
Certain information from voter databases may be released only with authorization by the county clerk and cannot be used for unlawful purposes. Voter registration lists maintained by the Secretary of State and voter registration certificates filed with the county clerks are not covered by this statutory provision and are public records that must be disclosed as provided by law. This is a complicated area of law, and use of this exception should be in consultation with legal counsel.
§ 2-3-13.
Service by legislative council service
The director and employees of the legislative council service shall not reveal the contents or nature of requests or statements for service, except with the consent of the person making such request.
​​​§ 4-44-25.
Financial disclosures.
Disclosures of financial interests by county officials and employees are available from the county clerk for public inspection, except valuations attributed to the reported interests.
§ 6-14-10.
Public securities.
Records regarding the ownership or pledge of public securities are not subject to public inspection.
§ 7-1-8.
Tax returns.
It is generally unlawful for employees of the taxation and revenue department to reveal taxpayer information with specified exceptions.
§ 9-26-14.
Educational debts.
Information obtained from the labor department by a corporation organized under the Educational Assistance Act concerning obligors of student debts shall be used by the corporation only to enforce the debt and shall not be disclosed for any other purpose.
§ 11-13-1.
Indian gaming records.
Specified information provided to the state gaming representative under the Indian Gaming Compacts is not subject to public disclosure absent permission from the affected tribe or pueblo. Protected information includes trade secrets, security and surveillance system information, cash handling and accounting information, personnel records and proprietary information.
§ 12-6-5.
Audit reports.
Reports of agency audits and examinations by the state auditor do not become public until five days after the report is sent to the agency audited or examined.
§ 14-2A-1.
Protection of victims of crimes or accidents; police reports; commercial solicitation prohibited.
Although not an exemption, when attorneys, health care providers, or their agents request to inspect police reports, it is a good practice to advise them of this provision which prohibits the use of police reports to solicit victims or their relatives.
§ 14-3-15.1.
State agency computer databases.
The use of state agency databases for commercial, political or solicitation purposes is restricted.
§ 14-3-18.
Local government databases.
Counties and municipalities may charge fees for electronic copies of computer databases and for access to their computer and network systems to search, manipulate or retrieve information from a computer database.
§ 14-6-1.
Health information.
In general, health information relating and identifying specific individuals as patients is strictly confidential and not a matter of public record.
§ 14-8-9.1
Documents filed with county clerk.
Documents filed and recorded in a county clerk’s office are public records subject to disclosure, with certain exceptions including health information relating to specific patients and discharge papers of a veteran of the U.S. Forces. Death certificates are available for inspection but may not be copied for 55 years.
§ 15-7-9.
Claims against governmental entities.
Records maintained by the risk management division pertaining to insurance coverage and to claims for damages and other relief against governmental entities, officers and employees have limited and temporary confidentiality.
§ 18-9-4.
Library patrons.
Patron records maintained by public libraries may not be disclosed except to library staff absent the consent of the patron or a court order.
§ 22-21-2.
Student lists.
Student, faculty and staff lists with personal identifying information obtained from a public school may not be used for marketing goods and services to students, faculty, staff or their families.
§ 24-1-5.
Health facility complaints.
Complaints about health facilities received by the health services division of the department of health shall not be disclosed publicly in such manner as to identify the individuals or facilities if, upon investigation, the complaint is unsubstantiated.
§ 24-1-20.
Medical treatment records.
Files and records of the Department of Health identifying individuals who have received treatment, diagnostic services or preventative care are confidential and not open to inspection except under the specified limited circumstances.
§ 24-14-27.
Vital records.
It is unlawful for any person to permit inspection of or to disclose information contained in vital records (birth and death certificates) maintained by the vital statistics bureau, or to copy or issue a copy of all or part of any record, except as authorized by law.
§ 27-2B-17.
Public assistance.
The use or disclosure of the names of participants in public assistance programs administered by the human services department for commercial or political purposes is prohibited.
§ 27-7-29.
Adult protective services records.
Records created or maintained pursuant to investigations under the Adult Protective Services Act or for whom an application has ever been made for protection are confidential and may be inspected only by authorized persons.
§ 28-17-13.
Long-term care client records.
Files and records pertaining to clients, patients and residents held by the state long-term care ombudsman are confidential and not subject to the provisions of the Inspection of Public Records Act.
§ 29-10-4.
Arrest record information.
Notations of the arrest or filing of criminal charges against an individual by a law enforcement agency that reveal confidential sources, methods, information or individuals accused but not charged with a crime is confidential and dissemination is unlawful except as otherwise provided by law.
§ 29-11A-5.1.
Information regarding certain registered sex offenders.
Registration information (except social security numbers) regarding certain sex offenders requested from specified law enforcement agencies must be provided no later than seven days after the request is received.​
§ 29-12A-4.
Crime Stoppers records.
Records and reports of a local crime stoppers program are confidential.