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Electronic Communications Privacy Act

Annual ECPA Reports - Summary for Calendar Year 2020

10-16F-6. Annual reporting.

A. A government entity that obtains electronic communication information under the Electronic Communications Privacy Act shall report to the attorney general beginning in 2021 and every year thereafter on or before February 1. The report shall include, to the extent it reasonably can be determined:

Report Count
24
Reporting Period
Calendar Year 2020

(1) the number of times electronic information was sought or obtained under the Electronic Communications Privacy Act;

351
times electronic information was sought or obtained under the ECPA

(2) the number of times each of the following were sought and, for each, the number of records obtained:

(a) electronic communication content;

280
times electronic communication content sought
2,432,115
electronic communication content records obtained

(b) location information;

250
times location information sought
1,782,169
location information records obtained

(c) electronic device information, excluding location information; and

148
times electronic device information sought
148
electronic device information records obtained

(d) other electronic communication information; and

125
times other electronic communication information sought
159
other electronic communication information records obtained

(3) for each type of information listed in Paragraph (2) of this subsection:

(a) the number of times that type of information was sought or obtained under:

1) a wiretap order issued under the Electronic Communications Privacy Act;

0
times electronic communication content sought or obtained under wiretap order
0
times location information sought or obtained under wiretap order
0
times electronic device information sought or obtained under wiretap order
0
times other electronic communication information sought or obtained under wiretap order

2) a search warrant issued under the Electronic Communications Privacy Act; and

261
times electronic communication content sought or obtained under search warrant
228
times location information sought or obtained under search warrant
135
times electronic device information sought or obtained under search warrant
101
times other electronic communication information sought or obtained under search warrant

3) an emergency request as provided in Subsection K of Section 10-16F-3 NMSA 1978;

2
times electronic communication content sought or obtained under emergency request
19
times location information sought or obtained under emergency request
1
times electronic device information sought or obtained under emergency request
0
times other electronic communication information sought or obtained under emergency request

(b) the number of instances in which information sought or obtained did not specify a target natural person; and

22
electronic communication content instances did not specify a target natural person
21
location information instances did not specify a target natural person
3
electronic device information instances did not specify a target natural person
3
other electronic communication information instances did not specify a target natural person

(c) the number of times notice to targeted persons was delayed.

81
times electronic communication content notice delayed
83
times location information notice delayed
2
times electronic device information notice delayed
1
times other electronic communication information notice delayed
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