Senate Bill 40 Establishes Protections Against Misuse of License Plate Reader Data
(Santa Fe, NM) — The New Mexico Senate today passed Senate Bill 40, the Driver Privacy and Safety Act, establishing comprehensive safeguards to protect individuals’ privacy while maintaining law enforcement’s ability to use automated license plate reader (ALPR) technology for legitimate public safety purposes. The vote was 32-8.
The legislation addresses growing concerns about surveillance technology being weaponized for non-law enforcement purposes, immigration information or the exercising of First Amendment rights. The bill prohibits sharing of ALPR data for immigration enforcement or to investigate activities that are legal under New Mexico law, including access to reproductive and gender-affirming healthcare.
“New Mexico is drawing a clear line in the sand,” said Senator Peter Wirth (D-Santa Fe), the bill’s lead sponsor. “Technology designed to solve crimes and keep us safe should never be twisted into a tool for mass surveillance or to prosecute people for exercising their constitutional rights. Senate Bill 40 ensures that our state remains a place where people can live authentically without fear of being tracked by license plate readers.”
The legislation comes in response to documented instances of out-of-state entities accessing New Mexico ALPR data for immigration purposes and tracking individuals seeking abortion services.
Under SB 40, law enforcement agencies will be required to submit annual reports to the Department of Public Safety detailing their use of ALPR technology, leading to better transparency and accountability. The bill also designates ALPR information as non-public records, with access requiring either express consent or a valid court order. Any disclosure to out-of-state entities requires written declarations that the information will be used in compliance with New Mexico law.
The Driver Privacy and Safety Act positions New Mexico as a leader in balancing public safety needs with constitutional protections in the digital age. The Department of Justice and District Attorneys will be authorized to enforce compliance, with penalties established for violations.
“This is about preserving the freedoms that define New Mexico,” fellow bill sponsor Cindy Nava (D-Bernalillo) said. “Innovation shouldn’t come at the cost of our constitutional rights. This legislation strikes the right balance: it preserves law enforcement’s ability to use this technology for legitimate investigations while establishing firm boundaries against abuse.”
Senate Bill 40 now goes to the House of Representative for consideration. Other bill sponsors include Senators Heather Berghmans & Micaelita Debbie O’Malley, and House Sponsors Representatives Christine Chandler, Marianna Anaya, & Cristina Parajón.
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