Annual ECPA Reports - Summary for Calendar Year 2023

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:

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

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

(a) electronic communication content;

(b) location information;

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

(d) other electronic communication information; and

(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;

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

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

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

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