New Mexico Statutes Chapter 9. Executive Department § 9-2A-25. Electronic records; retention

Current as of January 01, 2024 | Updated by Findlaw Staff

A. Employees of the department shall not erase data from the electronic devices issued by the department to employees for communication related to the performance of duties within the scope of their employment by the department.

B. Electronic devices issued by the department to employees shall only include software and applications that are compliant with federal data retention and protection laws.

C. By January 1, 2026, the department shall implement a system, approved by the department of information technology, that will back up on a daily basis all electronic records generated or received by employees of the department related to the performance of their duties within the scope of their employment by the department.

D. During the term of an employee's employment by the department, and for a period of at least seven years after the termination of an employee's employment by the department, the department shall retain all electronic records stored on electronic devices used by department employees and all electronic records that have been backed up from electronic devices used by department employees. The department shall back up the retained electronic records daily, monthly and annually.

E. As used in this section:

(1) “back up” means to electronically copy in a recoverable format to a searchable database maintained by the department all electronic records generated by or contained within an electronic device;

(2) “electronic device” means a telephone, tablet, computer, watch or similar device used to generate, store or transfer information; and

(3) “electronic records” means information generated by, transmitted by or stored on an electronic device, including electronic mail, voicemail, text and instant messages, documents and photographs, regardless of the platform being used, including interagency communications.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 9. Executive Department § 9-2A-25. Electronic records; retention - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-9-executive-department/nm-st-sect-9-2a-25/

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