Electronic Communications Privacy Act

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:

Report Count
39
Reporting Period
Calendar Year 2023

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

2,083
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;

1,459
times electronic communication content sought
2,770,495,828
electronic communication content records obtained

(b) location information;

1,207
times location information sought
4,546,195
location information records obtained

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

1,274
times electronic device information sought
10,495,131
electronic device information records obtained

(d) other electronic communication information; and

924
times other electronic communication information sought
22,492,815
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;

3
times electronic communication content sought or obtained under wiretap order
1
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

1,514
times electronic communication content sought or obtained under search warrant
1,175
times location information sought or obtained under search warrant
1,304
times electronic device information sought or obtained under search warrant
1,014
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;

14
times electronic communication content sought or obtained under emergency request
152
times location information sought or obtained under emergency request
30
times electronic device information sought or obtained under emergency request
88
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

242
electronic communication content instances did not specify a target natural person
197
location information instances did not specify a target natural person
191
electronic device information instances did not specify a target natural person
198
other electronic communication information instances did not specify a target natural person

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

404
times electronic communication content notice delayed
376
times location information notice delayed
361
times electronic device information notice delayed
322
times other electronic communication information notice delayed
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