Section 60-2E-41 - Communication or document of applicant or licensee absolutely confidential; confidentiality not waived; disclosure of confidential information prohibited. - New Mexico Statutes

60-2E-41. Communication or document of applicant or licensee absolutely confidential; confidentiality not waived; disclosure of confidential information prohibited.

A.     Any communication or document of an applicant or licensee is confidential and does not impose liability for defamation or constitute a ground for recovery in any civil action if it is required by:   

(1)     law or the regulations of the board; or   

(2)     a subpoena issued by the board to be made or transmitted to the board.   

B.     The confidentiality created pursuant to Subsection A of this section is not waived or lost because the document or communication is disclosed to the board.   

C.     Notwithstanding the powers granted to the board by the Gaming Control Act, the board:   

(1)     may release or disclose any confidential information, documents or communications provided by an applicant or licensee only with the prior written consent of the applicant or licensee or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or licensee;   

(2)     shall maintain all confidential information, documents and communications in a secure place accessible only to members of the board; and   

(3)     shall adopt procedures and regulations to protect the confidentiality of information, documents and communications provided by an applicant or licensee.