Electronic Communications Privacy Act

Annual ECPA Reports - Summary for Calendar Year 2021

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
37
Reporting Period
Calendar Year 2021

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

1,014
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;

596
times electronic communication content sought
1,165,094
electronic communication content records obtained

(b) location information;

509
times location information sought
2,014,721
location information records obtained

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

863
times electronic device information sought
989,195
electronic device information records obtained

(d) other electronic communication information; and

277
times other electronic communication information sought
2,180,014
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

530
times electronic communication content sought or obtained under search warrant
365
times location information sought or obtained under search warrant
402
times electronic device information sought or obtained under search warrant
264
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;

28
times electronic communication content sought or obtained under emergency request
140
times location information sought or obtained under emergency request
18
times electronic device information sought or obtained under emergency request
116
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

64
electronic communication content instances did not specify a target natural person
50
location information instances did not specify a target natural person
47
electronic device information instances did not specify a target natural person
50
other electronic communication information instances did not specify a target natural person

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

78
times electronic communication content notice delayed
80
times location information notice delayed
75
times electronic device information notice delayed
83
times other electronic communication information notice delayed
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