Yes, scraping public data is generally permissible in New Mexico, provided compliance with federal and state laws governs its use.
Public records under the New Mexico Inspection of Public Records Act (IPRA, NMSA § 14-2-1 et seq.) are accessible, but automated extraction may trigger restrictions. Courts have not yet ruled on scraping’s legality under IPRA, leaving ambiguity. The 2026 legislative session may introduce amendments clarifying automated data collection rules, particularly concerning privacy and commercial use. Federal precedents, such as hiQ Labs v. LinkedIn (2019), suggest scraping publicly available data is lawful absent circumvention of technical barriers, but New Mexico’s courts may diverge.
Key Regulations for Scraping Public Data in New Mexico
- IPRA Compliance: Scrapers must adhere to NMSA § 14-2-8, which prohibits using public records for harassment, commercial exploitation without authorization, or violating confidentiality provisions. Unauthorized aggregation of personal data risks civil penalties.
- Computer Crimes Act (NMSA § 30-45-1 et seq.): Automated scraping that exceeds authorized access or disrupts systems may violate anti-hacking statutes, even if data is public. The 2025 amendments to § 30-45-3 (unauthorized access) broaden liability for bots exceeding “reasonable” interaction thresholds.
- Local Ordinances: Albuquerque’s Open Data Policy (2023) encourages public data use but restricts scraping for discriminatory or commercial purposes without prior approval. Bernalillo County’s 2024 procurement rules require vendors to certify compliance with IPRA when handling scraped datasets.
Proceed with caution: while public data is accessible, New Mexico’s evolving legal landscape demands alignment with IPRA’s transparency goals and the Computer Crimes Act’s prohibitions against misuse. Consult the New Mexico Attorney General’s 2025 guidance on automated data collection for updated risk assessments.