New Mexico Board of Directors Confidentiality Policy

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Multi-State
Control #:
US-1060BG
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Word; 
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Board members have limits on how they can share information and with whom they may share it. Maintaining confidentiality means that board members must maintain the confidentiality of any personal or sensitive information they acquire during their service to the board. Board members are in a fiduciary relationship with the corporation. This means that they are obliged to act honestly and in good faith in respect of the corporation. The obligation has many components, including a duty to avoid conflicts of interest and a duty to avoid abusing their position to gain personal benefit. One component of board members' fiduciary obligation is a duty to maintain the confidentiality of information that they acquire by virtue of their position.
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FAQ

Of Article 12B of Chapter 57 of the New Mexico Statutes ('N.M. Stat. '), is focused on the protection of social security numbers. The PPA mandates that no business may require a consumer's social security number as a condition for the consumer to lease or purchase products, goods, or services from the business.

The Electronic Communications Privacy Act (?ECPA?), NMSA 1978, Sections 10-16F-1 to -6 (2019, as amended through 2020) requires law enforcement agencies in New Mexico to report to the Office of the Attorney General annually.

A person may submit a request to inspect public records to the Records Custodian orally or in writing. However, the NMDOT recommends requests be written, which includes electronic communications and facsimiles. A written request must contain the name, address and telephone number of the person making the request.

The Inspection of Public Records Act (IPRA), NMSA 1978, §14-2-1 to ? 12, is a New Mexico state law that provides the public access to public records. The law requires open access to almost all public records in state and local government, with a few exceptions.

The New Mexico Governmental Conduct Act (GCA) governs the ethical and legal conduct of public officers and employees at all levels of government. The GCA provides guidance to those trusted to serve the public interest by establishing parameters for ethical and legal conduct.

Any library, college, university, museum or institution of the state or any of its political subdivisions may hold in confidence materials of a historical or educational value upon which the donor or seller has imposed restrictions with respect to access to and inspection of the materials for a definite period of time ...

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New Mexico Board of Directors Confidentiality Policy