NMSA 1978 §14-3-15.1(C) permits state agencies, including municipalities, to limit public use of certain types of records, creating an exception to the general public-records policy. The Town may authorize a copy of a public record to be provided if the requestor agrees:
- not to make unauthorized copies of the record;
- not to use the record for any political or commercial purpose unless the use is approved in writing by the Town;
- not to use the records for solicitation or advertisement when they contain a name, address, or telephone number, unless otherwise specifically authorized by law;
- not to allow access to the records by any other person unless approved in writing by the Town;
- and to pay any royalty or other consideration agreed upon by the Town.
Examples of Privileged or Confidential Records Exempt from Inspection
- Records of physical or mental examinations and medical treatment of persons confined to any institution — NMSA 14-2-1(A)
- Letters of reference concerning employment, licensing, or permits — NMSA 14-2-1(B)
- Letters or memoranda that are matters of opinion in personnel files — NMSA 14-2-1(C)
- Law-enforcement records that reveal confidential sources, methods, information, or individuals accused but not charged — NMSA 14-2-1.2(A)(2)
- Records protected by the Confidential Materials Act — NMSA 14-3A-1, 14-3A-2
- Trade secrets and proprietary business strategies — NMSA 14-2-1(F)
- Attorney-client privileged communications — NMSA 14-2-1(G)
- Long-range or strategic business plans of public hospitals discussed in a properly closed meeting — NMSA 14-2-1(H)
- Information that could reveal specific vulnerabilities, risk assessments, or tactical emergency-security procedures — NMSA 14-2-1(I)
- As otherwise provided by law — NMSA 14-2-1(L)
Protected Personal Identifiers
Other confidential information may exist within the contents of a public record — protected personal identifier information (PII), protected health information (PHI), student educational records (FERPA), and various other legally protected identifiers. The Custodian of Records is responsible for applying the appropriate redactions before release.
Redaction
Redaction is the act of removing text or images from a publication. “Exempt and nonexempt [information] … shall be separated by the custodian prior to inspection, and the nonexempt information shall be made available for inspection.” (NMSA 14-2-9(A))
- The presence of confidential information does not make a document exempt from production.
- Redactions must be made narrowly.
- Blanket denials are not permitted in most cases.