N.M. Stat. § 57-12C-2
Definitions.
As used in the Data Breach Notification Act:
A. "biometric data" means a record generated by automatic measurements of an
identified individual's fingerprints, voice print, iris or retina patterns, facial characteristics
or hand geometry that is used to uniquely and durably authenticate an individual's
identity when the individual accesses a physical location, device, system or account;
B. "encrypted" means rendered unusable, unreadable or indecipherable to an
unauthorized person through a security technology or methodology generally accepted
in the field of information security;
C. "personal identifying information":
(1)
means an individual's first name or first initial and last name in
combination with one or more of the following data elements that relate to the individual,
when the data elements are not protected through encryption or redaction or otherwise
rendered unreadable or unusable:
(a) social security number;
(b) driver's license number;
(c) government-issued identification number;
(d) account number, credit card number or debit card number in combination
with any required security code, access code or password that would permit access to a
person's financial account; or
(e) biometric data; and
(2)
does not mean information that is lawfully obtained from publicly available
sources or from federal, state or local government records lawfully made available to
the general public;
D. "security breach" means the unauthorized acquisition of unencrypted
computerized data, or of encrypted computerized data and the confidential process or
key used to decrypt the encrypted computerized data, that compromises the security,
confidentiality or integrity of personal identifying information maintained by a person.
"Security breach" does not include the good-faith acquisition of personal identifying
information by an employee or agent of a person for a legitimate business purpose of
the person; provided that the personal identifying information is not subject to further
unauthorized disclosure; and
E. "service provider" means any person that receives, stores, maintains, licenses,
processes or otherwise is permitted access to personal identifying information through
its provision of services directly to a person that is subject to regulation.