Social Media Records in New Mexico

New Mexico Inspection of Public Records Act & Social Media

Social media records in New Mexico are covered by the Inspection of Public Records Act (IRPA). IRPA was written to ensure,“that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees.” The language of the Act was written to be both broadly applicable and future-proof, and applies to all public records, regardless of physical form or characteristics, including social media records in New Mexico.

Show Inspection of Public Records Act text

Full text of New Mexico Inspection of Public Records Act with Guidance

Chapter 14, Article 2 NMSA 1978 may be cited as the “Inspection of Public Records Act”. 14-2-5.

Purpose of Act; Declaration of Public Policy.

Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the Inspection of Public Records Act is to ensure, and it is declared to be the public policy of this state, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. It is the further intent of the legislature, and it is declared to be the public policy of this state, that to provide persons with such information is an essential function of a representative government and an integral part of the routine duties of public officers and employees.

14-2-6. Definitions. As used in the Inspection of Public Records Act:

A. “custodian” means any person responsible for the maintenance, care or keeping of a public body’s public records, regardless of whether the records are in that person’s actual physical custody and control;

G. “public records” means all documents, papers, letters, books, maps, tapes, photographs, recordings and other materials, regardless of physical form or characteristics, that are used, created, received, maintained or held by or on behalf of any public body and relate to public business, whether or not the records are required by law to be created or maintained.

 

New Mexico Social Media Records Management in Practice

While social media records in New Mexico are covered under the Inspection of Public Records Act, few public agencies have taken the recommended step of adopting a social media policy to mitigate risk and comply with the law. The University of New Mexico, however, does offer one example of a policy that balances freedom of speech, privacy, and community standards while upholding social media records in New Mexico as public information.

View UNM's Social Media Policy

UNM Social Media Guidelines (excerpt)

These guidelines are intended to be a minimum standard. Certain UNM entities, departments, programs, or groups may adopt additional guidelines for their users.

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ArchiveSocial in New Mexico

If you would like to speak with one of the cities, counties, or agencies in New Mexico that are currently using ArchiveSocial to meet Inspection of Public Records Act requirements, or would like to learn more about how your social media can comply with the law, just use the button below to get in touch.

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