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ACLU urges New Mexico privacy law, cites Ticketmaster policy as example of risky data practices
Summary
The ACLU of New Mexico told the committee that extensive data collection and third‑party tracking create civil‑liberties risks and advocated a state privacy law emphasizing data minimization, opt‑in consent and strict protections for sensitive data.
Islena (Lena) Weber, director of public policy for the American Civil Liberties Union of New Mexico, told the committee that everyday online activity generates detailed profiles—location, health signals, browsing and inferred traits—and that these data flows are bought, sold and sometimes used for surveillance or discrimination. Using Ticketmaster as a case study, she walked legislators through a privacy policy and a cookie policy, demonstrating how tracking pixels, cookies and third‑party data brokers collect and resell sensitive information.
Weber highlighted harms tied to profiling and location data: purchased location records have been used to target protesters, identify people who visited reproductive‑health clinics, and in one cited example were used by an anti‑abortion group. She said ordinary web and app behavior can end up in data broker files that are hacked, repackaged and monetized.
On policy, the ACLU recommended New Mexico adopt robust privacy protections that foreground data minimization (collect only what is necessary), opt‑in consent for nonessential tracking, strict limits on sensitive data use and enforcement mechanisms while carving exemptions and support for small businesses. Cody (senior counsel on privacy at ACLU National) said the proposed elements mirror the strongest provisions seen in laws or drafts elsewhere and noted Maryland and California have adopted data‑minimization frameworks.
Legislators asked whether earlier state bills incorporated these ideas and whether industry would push back; ACLU said it has negotiated language with other advocates and is open to discussions with industry but remains concerned by loopholes and opt‑out frameworks that can preserve harmful practices. ACLU staff said they plan to work with legislators on model language for the coming session.
The committee did not take action but signaled interest in collaborating on a New Mexico privacy bill and requested follow‑up materials and examples referenced during the presentation.
