N.M. Stat. § 58-16-13
Confidentiality.
A. Every merchant having a POS terminal on its premises and every financial
institution contracting for use of or operating a remote financial service unit shall adopt
and maintain safeguards to insure the safety of funds of any third party in situations
where deposits are accepted or cash advances or withdrawals are made and to insure
the safety of items and other information, which safeguards shall include security
precautions consistent with the appropriate minimum security requirements specified by
applicable federal or state law or by federal or state regulatory agencies having
jurisdiction over the POS terminal or remote financial service unit.
B. A social security number shall not be used as a PIN or code to activate any
remote financial service unit.
C. To protect the privacy of persons using remote financial service units, information
concerning a cardholder's account that is received by or processed through such units
shall be treated and used only in accordance with applicable law relating to the
dissemination and disclosure of such information. Any person operating a POS terminal
shall take such steps as are reasonably necessary to protect the confidentiality of any
information received or obtained about a cardholder's account by any individual
manning a POS terminal.
D. No person shall use or attempt to use a remote financial service unit for the
purpose of obtaining any information concerning the account of a cardholder of a
financial institution without prior approval of the cardholder, except where such
information is reasonably necessary to complete or prevent the completion of or to
reconstruct a transaction initiated through the remote financial service unit. No person
shall obtain through the use of a remote financial service unit any information
concerning the account of a cardholder other than that reasonably necessary to effect
or prevent the transaction that the cardholder seeks to accomplish through its use or to
reconstruct a transaction initiated through the remote financial service unit.
E. Any transaction shall include the issuance of a receipt to the cardholder. No
receipt shall be required, however, in any transaction involving a negotiable instrument
that shall itself become a receipt.