NM SB53

Establishes comprehensive privacy protections for New Mexico residents' personal data collected by for-profit entities offering online features, products, or services, with an effective date of July 1, 2026

Requires covered entities to configure default privacy settings to the highest level of privacy, prohibits profiling consumers by default, and bans the use of "dark patterns" to manipulate users into forgoing privacy protections

Prohibits geofencing within 2,000 feet of health care or immigration service providers to track consumers, and bars processing sensitive personal data (including biometric, health, financial, and precise geolocation data) for targeted advertising without explicit opt-in consent

Grants consumers rights to access, correct, delete, and transfer their personal data, with covered entities required to respond within 45 days; special protections for minors include disabled notifications between 10 p.m. and 6 a.m. and privacy-protective feed defaults

Violations carry civil penalties of up to $2,500 per affected consumer for negligent violations and $7,500 for intentional violations, enforceable by consumers, the attorney general, or district attorneys in district court