Confidential Materials Act

The Law

As provided by the Confidential Materials Act.

Commentary
The Confidential Materials Act (NMSA 1978, §§ 14-3A-1 to -2) permits any library, college, university, museum or institution of the state or any of its political subdivisions to keep confidential materials of historical or educational value on which the donor or seller has imposed restrictions on access for a specified period. The statutory protection does not apply if the donated or sold materials were public records as defined by the Inspection of Public Records Act while in the possession of the donor or seller at the time of the sale.

Example 19:
The chair of the Board of Medical Examiners donates to the UNM Medical School a copy of a public hearing transcript detailing bizarre evidence the Board heard regarding revocation of a particular physician’s license. The chair donates the material with the condition that the school withhold the transcript from public inspection until he has concluded his term on the Board. A medical student who considered the subject physician his mentor requests a copy of the transcript from the school. The school must provide the transcript because it was a public record while in the possession of the Board at the time it was donated.