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Data Breach Laws in New Mexico: Regulations, HITECH, and HIPAA

New Mexico is one of three states that doesn’t have data breach laws on the books. That said, the state government is currently considering legislation that requires safe storage and disposal of personal identifying information. Should a breach occur, businesses would have 45 days to notify residents of a breach that affects their unencrypted personal information. The law would also require the New Mexico attorney general and consumer reporting agencies to be notified when the breach involves 1,000 or more individuals. Whether or not the law passes, HIPAA and the HITECH Act, the federal laws that govern medical data breaches, still apply.

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