What Does the Driver Privacy and Safety Act (SB40) Mean for ALPR Use in New Mexico?

What Does the Driver Privacy and Safety Act (SB40) Mean for ALPR Use in New Mexico?

What Is the Driver Privacy and Safety Act (SB40) in New Mexico?

SB40 is a new law that establishes statewide rules governing how ALPR data can be collected, shared, retained, and accessed in New Mexico.

On Friday, March 6, Governor Michelle Lujan Grisham signed SB40, a bipartisan bill that was the culmination of years of discussion between New Mexico law enforcement, technology vendors, and advocacy groups across the civil rights, healthcare, and immigrant communities. SB40 was championed by Senate Majority Leader Peter Wirth and Representative Christine Chandler.

This legislation establishes New Mexico’s first statewide ALPR law and aligns with similar legislation passed in Illinois in 2023.

What Does the Driver Privacy and Safety Act Mean for New Mexico Law Enforcement?

Under SB40, law enforcement agencies in New Mexico may continue using ALPR technology for lawful criminal investigations, subject to specific guardrails.

Under SB40, New Mexico law enforcement agencies:

1. Have a broad remit to use ALPR, but shall not sell, share, allow access to, or transfer ALPR information for purposes related to immigration enforcement, protected healthcare activity, or constitutionally protected activities.
2. Can collaborate with and share ALPR data with other law enforcement agencies for other lawful purposes.
3. Can only share ALPR data with out-of-state entities that have executed a written declaration that the data will not be used to:
   
   1. Prosecute healthcare activities that are legal in New Mexico
   2. Enforce federal immigration laws
   3. Target activities protected by the U.S. Constitution, including First Amendment-protected speech and assembly
4. Are not subject to a specific data retention period, though Flock’s default retention period remains 30 days. 
5. Will not disclose ALPR information in response to public records requests.
6. Will not access privately captured ALPR information except with the express consent of the private entity or a valid court order.
7. Will report annually to the Department of Public Safety on ALPR use and access.

How Does the Driver Privacy and Safety Act Impact Data Sharing in New Mexico?

SB40 establishes clear standards for how ALPR data may be shared within and outside of New Mexico.

ALPR users shall not sell, share, allow access to, or transfer ALPR information for purposes related to immigration enforcement, protected healthcare activity, or constitutionally protected activities.

As always, Flock customers fully control and determine their own sharing relationships. Agencies can send sharing requests on a 1:1 basis, within a geographic radius, or join the Statewide Network in New Mexico. 

Out-of-state sharing:

• ALPR users can share ALPR data with out-of-state entities, provided those agencies first execute a written declaration that the data will not be used to:
  
  • Investigate or prosecute a protected health care activity.
  • Investigate or assist in immigration enforcement.
  • Target activities protected by the U.S. Constitution, including First Amendment-protected speech and assembly.

How Is Flock Safety Supporting Compliance with SB40?

Flock Safety has built several compliance mechanisms that will ensure agencies can comply with SB40 seamlessly and confidently.

1. Proactive Search Filters

Search filters provide built-in guardrails within Flock’s search experience that prevent searches tied to certain ALPR use cases prohibited by law or by agency policy

Here’s how they work:

• Instant Detection: If a user attempts to search for reasons associated with immigration enforcement or reproductive care, the platform automatically prevents the search from including networks that have the filter on.
• Real-Time Safeguarding: Filtering happens instantly. The platform doesn’t process, store, or log any prohibited queries.
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Search filters for immigration and reproductive healthcare are hard-coded statewide in New Mexico. 

2. Offense Type Dropdown

In 2025, Flock implemented a standardized, NIBRS-based Offense Type Dropdown selection so agencies can capture the purpose of their search in a clear, consistent way. In New Mexico, this helps agency admins ensure that searches are only being conducted for reasons that comply with state law and agency policy. 

Here’s how the Offense Type Dropdown works:

• Users must select at least one Offense Type before they can perform a search.
• Users can select multiple Offense Types when needed, but at least one is required.
• Users can also start typing, and the relevant Offense Type will populate to maximize speed.
• The admin can configure which Offense Type categories to include in the dropdown, removing Offense Types prohibited by state law.

3. Limiting sharing access to out-of-state agencies that have completed the written declaration

Flock will assist agencies in recording which out-of-state agencies have completed the written declaration, and only allow these agencies to establish sharing relationships with New Mexico agencies. 

When Does SB40 Take Effect in New Mexico?

SB40, which goes into effect on July 1, 2026, does not impose any specific data retention limits in New Mexico. Flock retains data for a default retention period of 30 days.

Why Does This Legislation Matter for Public Safety and Privacy?

SB40 reflects an effort to balance privacy protections with law enforcement’s need for modern investigative tools.

The bill retains the critical ability for law enforcement agencies to collaborate to fight crime, which sometimes necessitates sharing data across state lines, while protecting New Mexico’s values and laws. 

Looking Ahead

Flock Safety remains committed to responsible ALPR regulation and ongoing collaboration with policymakers and agencies across New Mexico.