New Mexico § 21-1-46 - Request for access to social networking account prohibited

§ 21-1-46. Request for access to social networking account prohibited

A. It is unlawful for a public or private institution of post-secondary education

to request or require a student, applicant or potential applicant for admission to

provide a password to gain access to the student's, applicant's or potential applicant's

account or profile on a social networking web site or to demand access in any manner

to a student's, applicant's or potential applicant's account or profile on a social

networking web site. B. It is unlawful for public or private institutions of post-secondary education to

deny admission to an applicant or potential applicant for admission on the basis of

the applicant's or potential applicant's refusal to provide an agent of a public or

private institution of post-secondary education access to the applicant's or potential

applicant's account or profile on a social media networking site. C. It is unlawful for a private or public institution of post-secondary education

to take any disciplinary action against a student for the student's refusal to grant

access to an agent of the private or public institution of post-secondary education

to the student's account or profile on a social media networking site. D. Nothing in this section prohibits a public or private institution of post-secondary

education from obtaining information about a student, applicant or potential applicant

for admission that is in the public domain. E. As used in this section, “ social networking web site ” means an internet-based service that allows individuals to: (1) construct a public or semi-public profile within a bounded system created by the

service; (2) create a list of other users with whom they share a connection within the system;

and (3) view and navigate their list of connections and those made by others within the

system.