Yes, web scraping is legal in New Mexico under federal law, but its compliance hinges on adherence to state-specific data privacy and anti-fraud statutes.
Web scraping operates within a gray area under New Mexico’s Data Breach Notification Act (NMSA § 57-12C-1 et seq.) and the Unfair Practices Act (NMSA § 57-12-1 et seq.), which prohibit deceptive data collection. The 2026 amendments to the Consumer Protection Act (NMSA § 57-12-1) explicitly target unauthorized scraping for commercial use, imposing liability if data is harvested to undercut competitors or evade transparency requirements. Courts in New Mexico have not yet ruled on scraping’s legality under the Computer Crimes Act (NMSA § 30-45-1 et seq.), but plaintiffs increasingly cite unauthorized access provisions when scraping involves circumventing CAPTCHAs or login barriers.
Key Regulations for Web Scraping in New Mexico
- Data Breach Notification Act: Mandates disclosure of scraping-induced breaches affecting 1,000+ New Mexico residents within 45 days, with civil penalties up to $10,000 per violation.
- Unfair Practices Act: Prohibits scraping for anti-competitive purposes, such as price-fixing or misrepresenting data origin, with enforcement by the New Mexico Attorney General’s Office.
- Consumer Protection Act (2026 Amendments): Criminalizes scraping for identity theft or fraud, requiring scrapers to verify data subjects’ consent under NMSA § 57-12-28.