New Mexico Statutes 57-12C-11. Attorney general enforcement; civil penalty
A. When the attorney general has a reasonable belief that a violation of the Data Breach Notification Act has occurred, the attorney general may bring an action on the behalf of individuals and in the name of the state alleging a violation of that act.
Terms Used In New Mexico Statutes 57-12C-11
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
B. In any action filed by the attorney general pursuant to the Data Breach Notification Act, the court may:
(1) issue an injunction; and
(2) award damages for actual costs or losses, including consequential financial losses.
C. If the court determines that a person violated the Data Breach Notification Act knowingly or recklessly, the court may impose a civil penalty of the greater of twenty- five thousand dollars ($25,000) or, in the case of failed notification, ten dollars ($10.00) per instance of failed notification up to a maximum of one hundred fifty thousand dollars ($150,000).