Amid worries over data grabs, Senate approves bill curbing sharing info from license plate readers

SANTA FE — Data from automatic traffic cameras used by New Mexico law enforcement agencies would be kept under tighter wraps under a bill that passed the state Senate on a 32-8 vote on Thursday.

The bill, Senate Bill 40, seeks to add New Mexico to a growing list of states, including Idaho, Montana and Georgia, that have passed laws seeking to protect personal data collected by license plate readers. 

Some cities have also severed their contracts with companies that provide license plate cameras, but Senate Majority Leader Peter Wirth, D-Santa Fe, the bill's sponsor, said he's not in favor of such drastic action.

"This bill is an important step that allows law enforcement to continue using this technology ... but adds limitations," Wirth said during Thursday's debate.

The bill now moves on to the House, which would have to approve it before the 30-day legislative session ends Feb. 19 in order for the measure to land on Gov. Michelle Lujan Grisham's desk.

This year's bill was prompted by the American Civil Liberties Union of New Mexico learning that outside agencies used data from automatic license plate cameras to track people seeking reproductive and gender-affirming health care or for immigration enforcement, Wirth said.

In 2025, the Legislature passed a similar bill that prevented the Motor Vehicle Division from sharing information with private data brokers that would then be turned over to U.S. Immigration and Customs Enforcement. 

Sen. Cindy Nava, D-Bernalillo, said in Thursday's debate that in an era of "unprecedented surveillance," a person's data is an extension of themselves and the bill would establish confidentiality while regulating the sharing of information. 

While senators had several questions about language in the bill, most showed support for its basic premise. Some lawmakers even suggested expanding the bill further to create restrictions on the length of time that a driver's information is stored. 

"Why are we selling people's personal information to a company in the first place?" Sen. Craig Brandt, R-Rio Rancho, asked fellow lawmakers. "We need to throw out this bill right now. We need to replace it with a bill that says none of this information will be sold and is private information of the private citizens of the state of New Mexico."

Brandt added that he would not support a "bill that goes halfway" and added that he believed it was an attack on the federal government.

Wirth responded by saying that in the future he hopes to dive deeper into the specifics of the issue, but described this year's measure as a good start.

He also said he believes the automatic license plate technology, which is used by the Albuquerque Police Department and other agencies, is useful to law enforcement. The bill does not stop the automatic license plate readers from being used and federal and out-of-state law enforcement agencies will still be able to access the information as needed, Wirth said.

Several law enforcement agencies have actively backed this year's legislation, with New Mexico State Police spokeswoman Amanda Richards saying the bill balances public safety needs with privacy protections.

"The department worked with the bill sponsor and stakeholders to ensure the legislation preserves law enforcement’s ability to use automatic license plate readers while addressing privacy concerns," Richards said in a Thursday email.

Meanwhile, several immigrant rights groups also celebrated the bill making it through the Senate, saying it addresses an essential gap that needed to be filled.

"We are so integral to this community and New Mexico has really sought to integrate immigrants fully into our public safety efforts and into our communities," said Marcela Díaz, executive director of Somos Un Pueblo Unido.

Díaz also said she felt as though the state was recognizing the importance of mixed-status families.

"I think that this is another step in the right direction and we are so very proud that the Senate took this step to ensure that our license plate information is also not going to be used," she said. 

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.

Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.