2. Purpose: To establish written policies and procedures for the protection of individuals’ and organizations’ privacy rights, civil rights, and civil liberties, regarding information contained within the Maryland Coordination and Analysis Center (MCAC). Further, to define duties of the MCAC Constitutional Protections Advisory Board (CPAB) to monitor compliance with this policy and to advise the Executive Committee of the U. S. Department of Justice (DOJ) established Anti-Terrorism Advisory Council (ATAC) Executive Committee, which consists of the Chief Executives of the U.S. Attorney’s Office, Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement, MD Sheriffs’ Association, MD Police Chiefs’ Association, MD Health Officer’s Association, MD Military Department, MD Homeland Security Advisor, U.S. Coast Guard, MD Fire Chief’s Association, 2 “Major Jurisdiction” Police Chiefs, MD State Police, MD Metro Fire Chief’s Association, MD Fireman’s Association, MD Transportation Authority Police, and the Police Chief of the jurisdiction that provides one of the three key managers to the MCAC, and which governs MCAC policy and operational philosophy, on such matters that it may deem to be appropriate.
3. Applicability: This policy applies to all assigned personnel within MCAC, those working under contract with the MCAC, and to those who use its services (Users). All affected personnel will be provided a written or electronic copy of this policy through the most efficient means available at the time of distribution and will sign a written acknowledgement of receipt of this policy and agreement to comply with the applicable provisions it contains. This policy applies to information the MCAC collects, receives, maintains, stores, accesses, discloses, or disseminates to center personnel, governmental agencies (including Information Sharing Environment (ISE) participating centers and agencies), and participating justice and public safety agencies other entities and individuals receiving MCAC generated information that is not public information.
4. Policy: The MCAC, and participating agencies, employees, and users will comply with all applicable laws and regulations protecting individuals’ and organizations’ privacy rights, civil rights, and civil liberties in the use, analysis, retention, destruction, sharing and disclosure of protected information received and stored within the MCAC. In sharing and disclosing such information, the MCAC also will take reasonable measures to ensure the sources and methods of information gathering are adequately protected. The MCAC has adopted internal operating policies and procedures that are in compliance with applicable law protecting privacy, civil rights, and civil liberties. A list of definitions used in the policy and a list of applicable law may be found in Appendices A and B, respectively.
The policy set forth herein is not intended to create or confer any rights, privileges, or benefits in any matter, case, or proceeding, see United States v. Caceres, 440 U.S. 741 (1979), and does not have the force of law.
g. Designate and provide adequate training for an MCAC Privacy Officer, who will receive reports regarding alleged errors and violations of the provisions of this policy. The Privacy Officer will receive and coordinate complaint resolution, and serve as the liaison for the Information Sharing Environment, ensuring privacy protections are implemented through efforts such as training, business process changes, and system designs that incorporate privacy related technologies. The Privacy Officer can be contacted at the following address: mdwatch@mcac.maryland.gov. The MCAC Privacy Officer ensures that enforcement procedures and sanctions outlined in section (aa) of this policy are adequate and enforced.
a. Seeking & Retaining Information: The MCAC will only seek and/or retain information on individuals and organizations to corroborate and/or validate tip or lead information (including SAR information) or when there is reasonable suspicion that an identifiable individual or organization has committed a criminal offense or is planning criminal conduct or activity (including terrorism) that presents a threat to any individual, the community, or the nation, and the information is relevant to the criminal conduct or activity. Further, the MCAC will only seek information on individuals and organizations in support of field operating elements engaged in an ongoing law enforcement investigation or event, and/or information that does not contain personally identifiable information for non-law enforcement agencies/entities for health and public safety purposes (unless there is an imminent danger to life or property).
The MCAC will not seek information and information-originating agencies will agree to not submit information about individuals or organizations solely on the basis of their religious, social or political views or activities, their participation in a particular noncriminal organization or lawful event, race, ethnicity, citizenship, place of origin, age, disability, gender, or sexual orientation.
The information is “protected information,” to include Personal Information on any individual (see Appendix A, Definitions) and, to the extent expressly provided in this policy, includes organizational entities.
28 CFR Part 23 regarding criminal intelligence information.
Criminal intelligence guidelines established under the U.S. Department of Justice’s (DOJ) National Criminal Intelligence Sharing Plan (NCISP).
Constitutional provisions; Federal laws and administrative rules, as well as regulations and policies that apply to multijurisdictional intelligence and information databases.
Information gathering techniques used by the MCAC will, and those used by originating agencies should, be no more intrusive or broad in scale than is necessary in the particular circumstance to gather information it is authorized to seek or retain.
Nothing in this section shall be construed to limit the ability of the MCAC to initiate, without a specific request, short term research or information gathering regarding events or activities being publicly reported in the media which may impact on the health and public safety of the State of Maryland and its residents.
Further, nothing in this policy shall prohibit the MCAC from gathering and/or retaining information that is routinely collected by public safety agencies in the lawful performance of their duties.
External agencies that access the MCAC’s information or share information with the center are governed by the laws and rules governing those individual agencies, including applicable federal or state laws.
The MCAC will contract only with commercial database entities that provide an assurance that their methods for gathering personally identifiable information comply with applicable local, state, tribal, territorial, and federal laws, statutes, and regulations and that these methods are not based on misleading information-gathering practices.
The MCAC will not directly or indirectly receive, seek, accept, or retain information from: 1) An individual who, or nongovernmental entity that, may or may not receive a fee or benefit for providing the information, except as expressly authorized by law or center policy, or 2) .
3) To whom, individually, the information can be disclosed, and under what circumstances.
1) The MCAC will secure tips, leads, and SAR information in a separate repository system using security procedures and policies that are the same as or similar to those used for a system that secures data rising to the level of reasonable suspicion under 28 CFR Part 23.
2) Information will be stored in a manner that only authorized personnel can access, modify, delete, or destroy it.
3) Access to MCAC information will be granted only to center personnel whose positions and job duties require such access; who have successfully completed a background check and appropriate security clearance, if applicable; and who have been selected, approved, and trained (as specified in section 6 (bb) of this policy) accordingly.
4) The identities of persons making queries of the MCAC’s data applications are recorded in a manner that establishes an audit trail. .
5) To prevent unauthorized disclosure, publicly available data and sensitive data, such as risk and vulnerability assessments or data containing Personally Identifiable Information (PII), will be stored separately.
2) Further crime (including terrorism) prevention, enforcement, force deployment, or prosecution objectives and priorities established by the ATAC Executive Committee and MCAC management.
1) Information may only be processed and/or analyzed by MCAC staff who have been properly trained and obtained the appropriate clearances to do so as specified in section 6 (bb) of this policy.
a. Whether the information consists of tips and leads data, suspicious activity reports, criminal history, intelligence information, case records, conditions of supervision, case progress, or other information category.
2) In the event new information is obtained, where the MCAC has received previous information, the original information will be re-evaluated in the context of the new and re-labeled as needed.
3) Alleged or suspected errors pertaining to information held by the MCAC will result in a re-evaluation and errors will be corrected, in consultation with the originating agency when appropriate, as needed. In the event errors cannot be addressed or corrected, the information will be purged in accordance with section 6 (w) of this policy.
4) MCAC personnel will record the source of all information sought and collected by the Center.
c. Title and contact information of person providing information, or point of contact for questions about the information, to include accuracy of the information.
7) The MCAC will ensure all information is labeled (or ensure that the originating agency has labeled information) with any legal restrictions on information sharing based on information sensitivity or classification that may pertain to its use and dissemination, to include information with special handling procedures.
Protect confidential sources and police undercover techniques and methods.
Not interfere with or compromise pending criminal investigations.
Protect an individual’s right of privacy or his or her civil rights and civil liberties.
Provide legally required protections based on the individual’s status as a child, sexual abuse victim, resident of a substance abuse treatment program, resident of a mental health treatment program, or resident of a domestic abuse shelter.
1) In the event new information is obtained, where the MCAC has received previous information, the original information will be re-evaluated in the context of the new and re-labeled as needed. The center will advise the appropriate contact person in the originating agency, in writing or electronically, if its data is alleged, suspected, or found to be inaccurate, incomplete, out of date, or unverifiable.
2) Alleged or suspected error pertaining to information received or produced by the MCAC will result in a re-evaluation and errors will be corrected as needed.
3) The labeling of retained information will be re-evaluated by MCAC or the originating agency when new information is gathered that has an impact on the confidence (source reliability and content validity) in previously retained information.
4) In the event an error has been identified in information received or produced by the MCAC that has resulted in the issuance of an alert, bulletin, or other intelligence product, a follow-up report will be issued to address the error in information, and the new product will be disseminated to all original recipients. If an error causes the credibility of an MCAC generated report to become questionable, a statement will be issued rescinding the report.
5) MCAC will conduct periodic data quality reviews of information originating within the MCAC in accordance with the Center’s and will determine its continued relevance and applicability for which it was collected and make every reasonable effort to ensure that the information will be corrected, deleted from the system, or not used when the center identifies information that is erroneous, misleading, obsolete, or otherwise unreliable; the center did not have authority to gather the information or to provide the information to another agency; or the center used prohibited means to gather the information (except when the center’s information source did not act as the agent of the center in gathering the information).. In the event the information is considered to be incorrect, no longer relevant, or applicable, the information will be destroyed, deleted, or purged in accordance with the Information Retention and Destruction (Section 6 (w)) portion of this policy. MCAC will use written or electronic notification to inform recipient agencies when information previously provided to the recipient agency is deleted or changed by the center because the information is determined to be erroneous, includes incorrectly merged information, is out of date, cannot be verified, or lacks adequate context such that the rights of the individual may be affected.
1) Records of individuals and/or entities may only be merged when information reasonably indicates a match of the records. All available information must be considered prior to merging records. The information used to determine a match in records may include, but is not limited to, name, date of birth, social security number, addresses, scars, tattoos, tax ID number, and telephone numbers.
2) When sufficient information is available to suspect a match in records which is not supported by additional information, the records will remain independent, but may be linked with a statement indicating a definite match between the records has not been identified.
1) All MCAC staff shall be trained in privacy concerns and applicable rules, regulations, and laws, as they relate to reporting. Reviewers at all levels will attempt to ensure any privacy issues identified during the review process are identified and addressed prior to submission to the next reviewing official.
2) The MCAC Privacy Officer will review all analytical products to ensure proper privacy, civil rights, and civil liberties protections exist within the document prior to dissemination or sharing by the MCAC.
k. Suspicious Activity Reporting (SAR) and Information Sharing Environment Suspicious Activity Reporting (ISE-SAR): The MCAC will apply the principals of this policy to tips and leads, suspicious activity report (SAR), and Information Sharing Environment SAR (ISE-SAR) information as defined by the DOJ Nationwide SAR Initiative (NSI) Program Management Office (PMO), to include the provisions for receipt, processing, storage, and dissemination of SAR and ISE-SAR information. In addition, prior to allowing access to or disseminating SAR and ISE-SAR information, MCAC personnel will ensure attempts to validate or refute the information have taken place and that the information has been assessed for sensitivity and confidence by subjecting it to a screening process to determine its credibility and value and categorize the information as unsubstantiated or uncorroborated if attempts to validate or determine the information have been unsuccessful. MCAC will use the current standard reporting and cataloging procedures for ISE-SAR information as set forth in the current version of the ISE-SAR Functional Standard (See n, below).
1) As with other information collected by the MCAC, all SAR and ISE-SAR information will be evaluated by an MCAC staff member to ensure the information is legally gathered and, when applicable, have a potential terrorism nexus. The MCAC will ensure that both law enforcement officers and MCAC personnel evaluating SAR and ISE-SAR information are trained in recognizing behavior consistent with criminal activity related to terrorism.
2) The ISE-SAR evaluation process will ensure, to the greatest degree possible, only information relating to individual involvement in criminal activity consistent with involvement in terrorism is documented via the ISE-SAR process and shared in the ISE. Information on protected activities as defined in section 6 (a) of this document, titled Seeking and Retaining Information, shall not be gathered, documented, processed, or shared via the ISE-SAR process unless relevant to the criminal activity or the identification of a terrorism subject.
3) SAR and ISE-SAR information will be stored using the same storage method used for data which rises to the level of reasonable suspicion and which includes an audit and inspection process, supporting documentation, and labeling of the data to delineate it from other information.
4) Allow access to or disseminate the information using the same (or a more restrictive) access or dissemination standard that is used for data that rises to the level of reasonable suspicion (for example, “need-to-know” and “right-to-know” access or dissemination for personally identifiable information).
5) Regularly provide access to or disseminate the information in response to an interagency inquiry for law enforcement, homeland security, or public safety and analytical purposes or provide an assessment of the information to any agency, entity, individual, or the public when credible information indicates potential imminent danger to life or property.
6) Retain information for one year in order to work an unvalidated tip, lead, or SAR information to determine its credibility and value or assign a “disposition” label (for example, undetermined or unresolved, cleared or unfounded, verified, or under active investigation) so that a subsequently authorized user knows the status and purpose for the retention and will retain the information based on the retention period associated with the disposition label.
7) Adhere to and follow the center’s physical, administrative, and technical security measures to ensure the protection and security of tips, leads, and SAR (including ISE-SAR) information. Tips, leads, and SAR information will be secured in a system that is the same as or similar to the system that secures data that rises to the level of reasonable suspicion.
l. Sharing Of Information With Other Justice System Partners: Access to information gathered or retained by the MCAC will only be provided to persons within the MCAC or within other criminal justice, public safety, or regulatory agencies who are authorized access and only for legitimate law enforcement, public protection, prosecution, or other justice purposes, and only for the performance of official duties in accordance with applicable laws and procedures. Agencies receiving information from the MCAC may not distribute the information without the express consent of the MCAC or the agency originating the information. In accordance with established MCAC Standard Operating Procedures, an audit trail will be kept of access by or dissemination of information to such persons.
n. Sharing of Suspicious Activity Reporting Information: The MCAC will use the current version of the ISE-SAR Functional Standard issued by the Program Manager for the ISE for its ISE-SAR process, including the use of standard reporting format, commonly accepted data collection codes, and a sharing process that complies with the ISE-SAR Functional Standard for suspicious activity potentially related to terrorism. The MCAC incorporates the gathering, processing, reporting, analyzing, and sharing of terrorism-related suspicious activities and incidents (SAR process) into existing processes and systems used to manage other crime-related information and criminal intelligence, thus leveraging existing policies and protocols utilized to protect the information, as well as information privacy, civil rights, and civil liberties. In addition, the MCAC will identify and review protected information that may be accessed from or disseminated by the center prior to sharing that information through the Information Sharing Environment. Further, the center will provide notice mechanisms, including but not limited to metadata or data field labels, which will enable ISE authorized users to determine the nature of the protected information and how to handle the information in accordance with applicable legal requirements.
o. Sharing of Information With Those Responsible For Public Protection, Safety, Or Health: Information gathered or retained by the MCAC may be disseminated to non-criminal justice public or private entities only for public protection, critical infrastructure protection, safety, or public health purposes and only in the performance of their official duties in accordance with applicable law and procedures. In accordance with established MCAC Standard Operating Procedures, an audit trail will be kept of access by or dissemination of information to such entities.
p. Disclosure of Information to the Public: Information gathered and retained by the MCAC will be disclosed to an individual member of the public only if the information as provided for in applicable law is defined to be a public record or otherwise appropriate for release to further the center’s mission and is not exempt from disclosure by law. The MCAC will not confirm the existence or nonexistence of any information to any person or organization that would not be eligible to receive the information itself. In accordance with the MCAC Information Collection, Analysis, Dissemination, Retention and Destruction Policy, an audit trail will be kept of all public disclosure requests and their disposition.
q. Disclosure of Information for a Specific Purpose: Information gathered or collected and records retained by the MCAC may be accessed or disseminated for specific purposes upon request by persons authorized by law to have such access and only for those uses and purposes specified in the law. An audit trail sufficient to allow the identification of each individual who requested, accessed, or received information retained for a minimum of five years by the Center; the nature of the information requested, accessed, or received in response to the request, and the specific purpose will be maintained by the Center.
s. Redress: Records housed by the MCAC concerning an individual will be provided, upon review of the request by the MCAC Legal Counsel, to that individual upon proper verification of their identity, unless production or acknowledgement of the existence of such information is exempt under the Freedom of Information Act (5 U.S.C. § 552) or other existing statute or regulation, or the information is in a criminal intelligence information system subject to 28 CFR Part 23 (See 28 CFR §23.20(e)).
If the requested information does not reside or originate within the Center, the requestor will be referred to the originating agency in a manner that neither confirms nor denies the existence of the information. If a referral is made by the MCAC, the originating agency will notify the agency’s listed point of contact.
t. Corrections: If a request is made by an individual or designee for correction of information originating within the MCAC that has been disclosed, the requestor will be informed of the procedure for requesting and considering required corrections, including appeal rights if requests are denied in whole or in part. The request will be reviewed and the requestor will be informed of the MCAC's decision, in writing, within 60 days of receipt of the request by MCAC, as specified in the U.S. Department of Justices Information Quality Guidelines. A record will be kept of all requests for corrections and the resulting action, if any.
u. Appeals: If access to information or a correction request for disclosed information originating within the MCAC is denied, the requestor will be provided, in writing, a reason for the denial. The individual will also be informed of the procedure for appeal when the center has cited an exemption for the type of information requested or when a correction request is either denied or not made to the satisfaction of the individual to whom the information relates.
The MCAC will inform the individual of the procedure for submitting (if needed) and resolving such complaints. Complaints will be received by the MCAC Privacy Officer at the following e-mail address: mdwatch@mcac.maryland.gov. The MCAC Privacy Officer will acknowledge the complaint and state that it will be reviewed but will not confirm nor deny the existence of the information unless otherwise dictated by law. If the information did not originate within the MCAC, the Privacy Officer will notify the originating agency point of contact of the complaint either in writing or electronically within ten days, and upon request, assist the agency in correcting any information discrepancies as they relate to the complaint. All information relating to the complaint that is held by the MCAC will be reviewed within thirty days of receipt of the complaint, and corrected or purged if found to be inaccurate or incomplete, to include incorrectly merged records, or to be out of date. If there is no resolution within thirty days, the MCAC will not further share the information, if already shared, until corrective action is taken. The MCAC will record all complaints and resulting actions taken in response to them. To delineate protected information shared through the ISE from other data, MCAC maintains records of agencies sharing terrorism-related information and employs system mechanisms to identify the originating agency when the information is shared.
w. Information Retention and Destruction: Information will be reviewed for purging in accordance with 28 CFR 23 and the MCAC Information Collection, Analysis, Dissemination, Retention and Destruction Policy. Criminal intelligence information, as defined in 28 CFR 23.3(b) is subject to annual review and will be purged after five years, unless the information is updated within that time period. (28 CFR 23.20(h)) When any other information is determined to have no further legitimate value, or meets the criteria for removal under the MCAC Information Collection, Analysis, Dissemination, Retention and Destruction Policy, it will be purged, destroyed, deleted, or returned to the submitting source as required. Notification of the proposed destruction or return of records may or may not be provided to the originating agency depending on the relevance of the information and any agreement with the originating agency. In accordance with the MCAC Information Collection, Analysis, Dissemination, Retention and Destruction Policy, a record of information to be reviewed for retention will be maintained by the MCAC and notice will not be provided to the submitter. A non-searchable record of purged or returned information will be maintained by the MCAC Privacy Officer for a period of one year. No approval will be required from the originating agency before information held by MCAC is destroyed or returned in accordance with this policy or as otherwise agreed upon with the originating agency in a participation or membership agreement.
x. Unauthorized Release of Information or Breach of Data Systems; In the event information is released to the public without authorization, or the MCAC’s data systems are breached, the MCAC will notify all affected individuals to whom it is determined may suffer physical, reputational, or financial harm as a result. The notice will be made promptly and without unreasonable delay following the discovery of an unauthorized release or breach, consistent with the legitimate needs of law enforcement to investigate the incident, determine the scope of the incident, and take measures to reasonably restore the integrity of the affected areas or systems. In addition, for information that does not originate in the MCAC, the originating agency will be immediately notified and informed of the nature and scope of the incident.
y. Information System Transparency: This policy will be made available to the public upon request and will be posted on the MCAC internet web at www.mcac.maryland.gov. The Privacy Officer, established in Section 5. g. is responsible for receiving and responding to written inquiries and complaints about privacy rights, civil rights, and civil liberties protections in the information systems. The MCAC Privacy Officer can be contacted at mdwatch@mcac.maryland.gov .
z. Reporting Violations: MCAC staff will promptly report any and all violations of this policy to the MCAC Privacy Officer.
1) Immediately suspend access to MCAC and partner agency information systems by the person, persons, agency, or agencies involved in the violation.
2) If an individual is an MCAC employee or contractor, he or she will be referred to the Director for disciplinary action, up to and including termination of employment with the MCAC.
3) If an individual is detailed to the MCAC, or a member of a participating agency, he or she will be denied access to the MCAC and referred to their parent agency, with a complete report of the MCAC’s findings as it relates to the violation and the MCAC’s formal request for the initiation of disciplinary inquiries.
4) If appropriate, refer the violation to the appropriate law enforcement authority to initiate a criminal investigation.
d. Any other personnel having access to information originating within the MCAC.
g. The nature and possible penalties for violations of this policy, including transfer, dismissal, civil and/or criminal liability, if any.
3) The MCAC will provide special training regarding the center’s requirements and policies for collection, use, and disclosure of protected information to personnel authorized to share protected information through the ISE.
1) The ATAC Executive Committee has established an independent MCAC Constitutional Protections Advisory Board (CPAB) to advise the Executive Committee and the Director of the MCAC on privacy rights, civil rights, and civil liberties policies and procedures regarding MCAC information acquisition, dissemination, and retention practices. The CPAB is comprised of three members not actively associated with or employed by any MCAC participating agency. The members are individuals with well established credentials in the fields of criminal justice and/or the law who have demonstrated unquestioned integrity and knowledge in the past practice of their professions. This policy will be reviewed and approved by the CPAB prior to submission to the ATAC.
2) The CPAB will at least annually review and recommend to the ATAC Executive Committee updates or changes to the MCAC’s policy and procedure for protecting privacy rights, civil rights, and civil liberties in response to changes in applicable law, or as otherwise necessary.
3) The CPAB will review the results of Privacy Protection Policy compliance audits and necessary corrective actions taken, and advise the ATAC Executive Committee on any further corrective actions they may recommend.
4) The CPAB will conduct an independent inquiry into complaints alleging violation of the Privacy Rights Policy and will advise the ATAC Executive Committee of their findings and any recommended corrective action, if appropriate.
The following is a list of primary terms and definitions used either in this policy, or that apply to the principals addressed within.
Access—Data access is being able to get to (usually having permission to use) particular data on a computer. Web access means having a connection to the World Wide Web through an access provider or an online service provider. Data access is usually specified as read-only and read/write access.
With regard to the ISE, access refers to the business rules, means, and processes by and through which ISE participants obtain terrorism-related information, to include homeland security information, terrorism information, and law enforcement information acquired in the first instance by another ISE participant.
Access Control—The mechanisms for limiting access to certain information based on a user’s identity and membership in various predefined groups. Access control can be mandatory, discretionary, or role-based.
Acquisition—The means by which an ISE participant obtains information through the exercise of its authorities; for example, through human intelligence collection or from a foreign partner. For the purposes of this definition, acquisition does not refer to the obtaining of information widely available to other ISE participants through, for example, news reports or to the obtaining of information shared with them by another ISE participant who originally acquired the information.
ATAC—(Anti-Terrorism Advisory Council) An umbrella organization of local, state and federal agencies, as well as representatives from the private sector, that coordinates activities, develops policy, and implements strategic plans to combat terrorism in the State of Maryland.
Audit Trail—A generic term for recording (logging) a sequence of activities. In computer and network contexts, an audit trail tracks the sequence of activities on a system, such as user log-ins and log-outs. More expansive audit trail mechanisms would record each user’s activity in detail—what commands were issued to the system, what records and files were accessed or modified, etc.
Audit trails are a fundamental part of computer security, used to trace (albeit usually retrospectively) unauthorized users and uses. They can also be used to assist with information recovery in the event of a system failure.
Authentication—The process of validating the credentials of a person, computer process, or device. Authentication requires that the person, process, or device making the request provide a credential that proves it is what or who it says it is. Common forms of credentials are digital certificates, digital signatures, smart cards, biometrics data, and a combination of user names and passwords. See Biometrics.
Authorization—The process of granting a person, computer process, or device with access to certain information, services, or functionality. Authorization is derived from the identity of the person, computer process, or device requesting access that is verified through authentication. See Authentication.
Biometrics—Biometrics methods can be divided into two categories: physiological and behavioral. Implementations of the former include face, eye (retina or iris), finger (fingertip, thumb, finger length or pattern), palm (print or topography), and hand geometry. The latter includes voiceprints and handwritten signatures.
Center—Refers to the Maryland Coordination and Analysis Center (MCAC) and all participating federal, state, and local agencies and contractors assigned to the MCAC.
Civil Liberties—Fundamental individual rights, such as freedom of speech, press, or religion; due process of law; and other limitations on the power of the government to restrain or dictate the actions of individuals. They are the freedoms that are guaranteed by the Constitution of the United States. Civil liberties offer protection to individuals from improper government action and arbitrary governmental interference. Generally, the term “civil rights” involves positive (or affirmative) government action, while the term “civil liberties” involves restrictions on government.
Civil Rights—The term “civil rights” is used to imply that the state has a role in ensuring that all citizens have equal protection under the law and equal opportunity to exercise the privileges of citizenship regardless of race, religion, gender, or other characteristics unrelated to the worth of the individual. Civil rights are, therefore, obligations imposed on government to promote equality.
Complaint- For the purpose of this policy, a complaint is a formal grievance or request for correction pertaining to information held by the Center.
Computer Security—The protection of information assets through the use of technology, processes, and training.
Confidentiality—Closely related to privacy but is not identical. It refers to the obligations of individuals and institutions to use information under their control appropriately once it has been disclosed to them. One observes rules of confidentiality out of respect for and to protect and preserve the privacy of others. See Privacy.
CPAB— The Constitutional Protections Advisory Board.
Credentials—Information that includes identification and proof of identification that is used to gain access to local and network resources. Examples of credentials are user names, passwords, smart cards, and certificates.
B. meets criminal intelligence system submission criteria as established in 28 CFR Part 23.
Further, criminal intelligence is information that is developed from data gathered by investigators and analysts. Criminal intelligence, because it has undergone some form of evaluation or analysis, indicates to law enforcement that the subject is likely to be involved in some definable criminal activity. It is more than separate pieces of information that by themselves mean nothing but, collectively, show an investigator or analyst an indication of the subject’s criminal involvement.
Data—Inert symbols, signs, descriptions, or measures; elements of information.
Data Breach—The unintentional release of secure information to an untrusted environment. This may include incidents such as theft or loss of digital media—including computer tapes, hard drives, or laptop computers containing such media—upon which such information is stored unencrypted; posting such information on the World Wide Web or on a computer otherwise accessible from the Internet without proper information security precautions; transfer of such information to a system that is not completely open but is not appropriately or formally accredited for security at the approved level, such as unencrypted e-mail; or transfer of such information to the information systems of a possibly hostile agency or environment where it may be exposed to more intensive decryption techniques.
Data Protection—Encompasses the range of legal, regulatory, and institutional mechanisms that guide the collection, use, protection, and disclosure of information.
Disclosure—The release, transfer, provision of access to, sharing, publication, or divulging of personal information in any manner—electronic, verbal, or in writing—to an individual, agency, or organization outside the agency that collected it. Disclosure is an aspect of privacy, focusing on information which may be available only to certain people for certain purposes but which is not available to everyone.
Electronically Maintained—Information stored by a computer or on any electronic medium from which the information may be retrieved by a computer, such as electronic memory chips, magnetic tape, magnetic disk, or compact disc optical media.
Electronically Transmitted—Information exchanged with a computer using electronic media, such as the movement of information from one location to another by magnetic or optical media, or transmission over the Internet, intranet, extranet, leased lines, dial-up lines, private networks, telephone voice response, or faxback systems. It does not include faxes, telephone calls, video teleconferencing, or messages left on voicemail.
Fair Information Principles—The Fair Information Principles (FIPs) are contained within the Organization for Economic Co-operation and Development’s (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. These were developed around commercial transactions and the transborder exchange of information; however, they do provide a straightforward description of underlying privacy and information exchange principles and provide a simple framework for the legal analysis that needs to be done with regard to privacy in integrated justice systems. Some of the individual principles may not apply in all instances to an integrated justice system.
Firewall—A security solution that segregates one portion of a network from another portion, allowing only authorized network traffic to pass through according to traffic-filtering rules.
General Data—Information that may include records, documents, or files pertaining to law enforcement operations, such as computer-aided dispatch (CAD) data, incident data, and management information. Information that is maintained in a records management, CAD system, etc., for statistical/retrieval purposes. Information may be either resolved or unresolved. The record is maintained per statute, rule, or policy.
Homeland Security Information—As defined in Section 892(f)(1) of the Homeland Security Act of 2002 and codified at 6 USC § 482(f)(1), homeland security information means any information possessed by a federal, state, or local agency that (a) relates to a threat of terrorist activity; (b) relates to the ability to prevent, interdict, or disrupt terrorist activity; (c) would improve the identification or investigation of a suspected terrorist or terrorist organization; or (d) would improve the response to a terrorist act.
Identification—A process whereby an entity is recognized and its identity established. Identity is operationalized in the abstract world of information systems as a set of information about an entity that uniquely differentiates it from other similar entities. The set of information may be as small as a single code, specifically designed as an identifier, or a collection of data, such as a given and family name, date of birth, and address. An organization’s identification process consists of the acquisition of the relevant identifying information.
Information—Includes any data about people, organizations, events, incidents, or objects, regardless of the medium in which it exists. Information received by law enforcement agencies can be categorized into four general areas: general data, including investigative information; tips and leads data; suspicious activity reports; and criminal intelligence information.
Information Quality—Refers to various aspects of the information; the accuracy and validity of the actual values of the data, data structure, and database/data repository design. Traditionally, the basic elements of information quality have been identified as accuracy, completeness, currency, reliability, and context/meaning.
Information Sharing Environment (ISE) Suspicious Activity Report (SAR) (ISE-SAR)—A SAR that has been determined, pursuant to a two-step process established in the ISE-SAR Functional Standard, as established by the Nationwide SAR Initiative (NSI) Program Management Office (PMO), to have a potential terrorism nexus (i.e., to be reasonably indicative of criminal activity associated with terrorism).
Intelligence-Led Policing (ILP)—A process for enhancing law enforcement agency effectiveness toward reducing crimes, protecting community assets, and preparing for responses. ILP provides law enforcement agencies with an organizational framework to gather and use multisource information and intelligence to make timely and targeted strategic, operational, and tactical decisions.
Invasion of Privacy—Intrusion on one’s solitude or into one’s private affairs, public disclosure of private information, publicity that puts one in a false light to the public, or appropriation of one’s name or picture for personal or commercial advantage. See also Right to Privacy.
Law—As used by this policy, law includes any local, state, or federal constitution, statute, ordinance, regulation, executive order, policy, or court ruling, decision, or order as construed by appropriate local, state, or federal officials or agencies.
Law Enforcement Information (as it pertains to terrorism)—For purposes of the ISE, law enforcement information means any information obtained by or of interest to a law enforcement agency or official that is both (a) related to terrorism or the security of our homeland and (b) relevant to a law enforcement mission, including but not limited to information pertaining to an actual or potential criminal, civil, or administrative investigation or a foreign intelligence, counterintelligence, or counterterrorism investigation; assessment of or response to criminal threats and vulnerabilities; the existence, organization, capabilities, plans, intentions, vulnerabilities, means, methods, or activities of individuals or groups involved or suspected of involvement in criminal or unlawful conduct or assisting or associated with criminal or unlawful conduct; the existence, identification, detection, prevention, interdiction, or disruption of or response to criminal acts and violations of the law; identification, apprehension, prosecution, release, detention, adjudication, supervision, or rehabilitation of accused persons or criminal offenders; and victim/witness assistance.
Law Enforcement Information (general) – Information that is related to a law enforcement mission.
Lawful Permanent Resident—A foreign national who has been granted the privilege of permanently living and working in the United States.
Least Privilege Administration—A recommended security practice in which every user is provided with only the minimum privileges needed to accomplish the tasks he or she is authorized to perform.
Logs—A necessary part of an adequate security system because they are needed to ensure that data is properly tracked and that only authorized individuals are getting access to the data. See also Audit Trail.
Maintenance of Information—Applies to all forms of information storage. This includes electronic systems (for example, databases) and non-electronic storage systems (for example, filing cabinets). To meet access requirements, an organization is not required to create new systems to maintain information or to maintain information beyond a time when it no longer serves an organization’s purpose.
MCAC—The Maryland Coordination and Analysis Center (see Center).
Metadata—In its simplest form, metadata is information (data) about collected information, more specifically information about a particular aspect of that collected information. An item of metadata may describe an individual content item or a collection of content items. Metadata is used to facilitate the understanding, use, and management of information. The metadata required for this will vary based on the type of information and the context of use.
Need to Know— Requested information which is pertinent and necessary to the requesting agency in initiating, furthering, or completing an investigation.
Nonrepudiation—A technique used to ensure that someone performing an action on a computer cannot falsely deny that he or she performed that action. Nonrepudiation provides undeniable proof that a user took a specific action, such as transferring money, authorizing a purchase, sending a message, or accessing data.
Originating Agency—The agency or organizational entity that documents information or data, including source agencies that document SAR (and, when authorized, ISE-SAR) information that is collected by a fusion center.
Participating Agency—An organizational entity that is authorized to access or receive and use Center information and/or intelligence databases and resources for lawful purposes through its authorized individual users.
Permissions—Authorization to perform operations associated with a specific shared resource, such as a file, directory, or printer. Permissions must be granted by the system administrator to individual user accounts or administrative groups.
Personal Information—Information that can be used, either alone or in combination with other information, to identify individual subjects suspected of engaging in criminal activity. See also Personally Identifiable Information.
A unique set of numbers or characters assigned to a specific individual (including name, address, phone number, social security number, e-mail address, driver’s license number, financial account or credit card number and associated PIN number, Integrated Automated Fingerprint Identification System [IAFIS] identifier, or booking or detention system number).
Persons—Executive Order 12333 defines “United States persons” as United States citizens, aliens known by the intelligence agency concerned to be permanent resident aliens, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. For the intelligence community and for domestic law enforcement agencies, “persons” means United States citizens and lawful permanent residents.
Privacy—Refers to individuals’ interests in preventing the inappropriate collection, use, and release of personal information. Privacy interests include privacy of personal behavior, privacy of personal communications, and privacy of personal data. Other definitions of privacy include the capacity to be physically left alone (solitude); to be free from physical interference, threat, or unwanted touching (assault, battery); or to avoid being seen or overheard in particular contexts.
Privacy Protection—A process of maximizing the protection of privacy, civil rights, and civil liberties when collecting and sharing information in the process of protecting public safety and public health.
Protected Information—Protected information includes Personal Information about individuals that is subject to information privacy or other legal protections by law, including the U.S. Constitution and the Maryland constitution; applicable federal statutes and regulations, such as civil rights laws and 28 CFR Part 23,; and applicable state , local and tribal laws and ordinances . Protections may also be extended to organizations by center policy or state, local or tribal law.
Any person and any for-profit or nonprofit entity, organization, or association.
Any governmental entity for which there is no existing specific law or regulation authorizing access to the Center’s information.
Employees or contractors of the Center or any participating agency.
People or entities, private or governmental, who assist the Center in its operation.
Public agencies whose authority to access information gathered and retained by the Center is authorized by law or regulation.
Public Access—Relates to what information can be seen by the public; that is, information whose availability is not subject to privacy interests or rights.
Record—Any item, collection, or grouping of information that includes personally identifiable information and is maintained, collected, used, or disseminated by or for the collecting agency or organization.
Repudiation—The ability of a user to deny having performed an action that other parties cannot prove otherwise. For example, a user who deleted a file can successfully deny doing so if no mechanism (such as audit files) can contradict that claim.
Right to Know—Based on having legal authority or responsibility or pursuant to an authorized agreement, an agency, organization, or person is authorized to access sensitive information and intelligence in the performance of a law enforcement, homeland security, or counterterrorism activity.
Right to Privacy—The right to be left alone, in the absence of some reasonable, lawful, public interest in gathering, retaining, and sharing information about a person’s activities. Invasion of the right to privacy may be the basis for a lawsuit for damages against the person or entity allegedly violating a person’s privacy.
Role-Based Access—A type of access authorization that uses roles to determine access rights and privileges. A role is a symbolic category of users that share the same security privilege.
Security—Refers to the range of administrative, technical, and physical business practices and mechanisms that aim to preserve privacy and confidentiality by restricting information access to authorized users for authorized purposes. Computer and communications security efforts also have the goal of ensuring the accuracy and timely availability of data for the legitimate user set, as well as promoting failure resistance in the overall electronic systems.
Source Agency—Source agency refers to the agency or organizational entity that originates SAR (and when authorized, ISE-SAR) information.
Storage is frequently used to mean the devices and data connected to the computer through input/output operations—that is, hard disk and tape systems and other forms of storage that do not include computer memory and other in-computer storage. This is probably the most common meaning in the IT industry.
In a more formal usage, storage has been divided into (1) primary storage, which holds data in memory (sometimes called random access memory, or RAM) and other “built-in” devices such as the processor’s L1 cache, and (2) secondary storage, which holds data on hard disks, tapes, and other devices requiring input/output operations.
With regard to the ISE, storage (or retention) refers to the storage and safeguarding of terrorism-related information—including homeland security information, terrorism information, and law enforcement information relating to terrorism or the security of our homeland—by both the originator of the information and any recipient of the information.
Suspicious Activity—Defined in the ISE-SAR Functional Standard (Version 1.5) as “observed behavior reasonably indicative of preoperational planning related to terrorism or other criminal activity.” Examples of suspicious activity include, but are not limited to, surveillance, photography of sensitive infrastructure facilities, site breach or physical intrusion, cyberattacks, testing of security, etc.
Suspicious Activity Report (SAR)—Official documentation of observed behavior reasonably indicative of preoperational planning related to terrorism or other criminal activity. Suspicious activity report (SAR) information offers a standardized means for feeding information repositories or data analysis tools. Patterns identified during SAR information analysis may be investigated in coordination with the reporting agency and, if applicable, a state or regional fusion center. SAR information is not intended to be used to track or record ongoing enforcement, intelligence, or investigatory activities, nor is it designed to support interagency calls for service.
Terrorism Information—Consistent with Section 1016(a)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), all information relating to (a) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or materials support, or activities of foreign or international terrorist groups or individuals or of domestic groups or individuals involved in transnational terrorism; (b) threats posed by such groups or individuals to the United States, United States persons, or United States interests or to those interests of other nations; (c) communications of or by such groups or individuals; or (d) other groups or individuals reasonably believed to be assisting or associated with such groups or individuals.
Terrorism-Related Information—In accordance with the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), as amended by the 9/11 Commission Act (August 3, 2007, P.L. 110-53), the ISE facilitates the sharing of terrorism and homeland security information, as defined in IRTPA Section 1016(a)(5) and the Homeland Security Act 892(f)(1) (6 U.S.C. § 482(f)(1)). See also Information Sharing Environment Implementation Plan (November 2006) and Presidential Guidelines 2 and 3 (the ISE will facilitate the sharing of “terrorism information,” as defined in the IRTPA, as well as the following categories of information to the extent that they do not otherwise constitute “terrorism information”: (1) homeland security information as defined in Section 892(f)(1) of the Homeland Security Act of 2002 (6 U.S.C. § 482(f)(1)); and (2) law enforcement information relating to terrorism or the security of our homeland). Such additional information may include intelligence information.
Weapons of Mass Destruction (WMD) information was defined and included in the definition of “terrorism information” by P.L. 110-53.
Tips and Leads Information or Data—Generally uncorroborated and/or unevaluated reports or information generated from inside or outside a law enforcement agency that allege or indicate some form of possible criminal activity. Tips and leads are sometimes referred to as suspicious incident reports (SIR), suspicious activity reports (SAR), and/or field interview report (FIR) information. However, SAR information should be viewed, at most, as a subcategory of tips and leads data. Tips and leads information does not include incidents without a criminal offense attached or indicated, criminal history records, or CAD data. . Tips and leads information should be maintained in a secure system, similar to data that rises to the level of reasonable suspicion.
A tip or lead can come from a variety of sources, including, but not limited to, the public, field interview reports, and anonymous or confidential sources. This information may be based on mere suspicion or on a level of suspicion that is less than “reasonable suspicion” and, without further information or analysis, it is unknown whether the information is accurate or useful. Tips and leads information falls between being of little or no use to law enforcement and being extremely valuable depending on the availability of time and resources to determine its meaning when tied to other potentially related information that would otherwise seem disparate or unrelated.
User—An individual representing a participating agency who is authorized to access or receive and use a center’s information and intelligence databases and resources for lawful purposes.
The following is a partial list of laws and regulations that may apply to this policy or to the general protection of privacy, civil right and civil liberties.


text:
Sections 47-8-1 through 47-8-51 NMSA 1978 may be cited as the "Uniform Owner-Resident Relations Act". Chap. 47, Art. 8, �-8-1.
The purpose of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] is to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of owner and resident, and to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico. Chap. 47, Art. 8, �-8-2.
V. "transient occupancy" means occupancy of a dwelling unit for which rent is paid on less than a weekly basis or where the resident has not manifested an intent to make the dwelling unit a residence or household. Title 47, Art. 8, �-8-3.
validating or invalidating cause supplement its provisions. Title 47, Art. 8, �-8-4.
The Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] being a general act is intended as a unified coverage of its subject matter, and no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
A. The remedies provided by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] shall be so administered that the aggrieved party may recover damages as provided in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages.
B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is enforceable by action unless the provision declaring it specifies a different and limited effect. Title 47, Art. 8, �-8-6.
A claim or right arising under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] or on a rental agreement may be settled by agreement. Title 47, Art. 8, �-8-7.
The Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. Title 47, Art. 8, �-8-8.
F. occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. Title 47, Art. 8, �-8-9.
rule or by statute, personal jurisdiction over a person may be acquired in a civil action or proceeding instituted in the district or magistrate court by the service of process in the manner provided by this section.
of the court on or before the return day of the process, if any, or within any further time the court allows. Title 47, Art. 8, �-8-10.
Every duty under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] and every act which must be performed as a condition precedent to the exercise of a right or remedy under the Uniform Owner-Resident Relations Act imposes an obligation of good faith in its performance or enforcement. Title 47, Art. 8, �-8-11.
A. If the court, as a matter of law, finds that any provision of a rental agreement was inequitable when made, the court may limit the application of such inequitable provisions to avoid an inequitable result.
B. If inequitability is put into issue by a party to the rental agreement, the parties to the rental agreement shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement, or settlement, to aid the court in making determination. Title 47, Art. 8, �-8-12.
(3) from all facts and circumstances known to him at the time in question he has reason to know that it exists.
B. A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course, whether or not the other actually comes to know of it.
(3) if written notice to the resident is required, when it is delivered in hand to the resident or mailed to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence.
any notice posted, mailed or hand delivered, and shall constitute the effective date of the notice. A posted notice shall be affixed to a door by taping all sides or placed in a fixture or receptacle designed for notices or mail.
E. Notice, knowledge or a notice or notification received by the resident or person is effective for a particular transaction from the time it is brought to the attention of the resident or person conducting that transaction, and in any event from the time it would have been brought to the resident's or person's attention if the resident or person had exercised reasonable diligence.
F. Where service of notice is required under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978], and the item is mailed but returned as undeliverable, or where the last known address is the vacated dwelling unit, the owner shall serve at least one additional notice if an alternative address has been provided to the owner by the resident. Title 47, Art. 8, �-8-13.
Terms and conditions of agreement.
The owner and resident may include in a rental agreement terms and conditions not prohibited by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] or other rule of law including rent, term of the agreement or other provisions governing the rights and obligations of the parties. Title 47, Art. 8, �-8-14.
A. The resident shall pay rent in accordance with the rental agreement. In the absence of an agreement, the resident shall pay as rent the fair rental value for the use of the premises and occupancy of the dwelling unit.
constitute a term of one month.
C. Unless the rental agreement fixes a definite term, the residency is week-to-week in the case of a person who pays weekly rent and in all other cases month-to-month.
E. An owner may not assess a fee from the resident for occupancy of the dwelling unit by a reasonable number of guests for a reasonable length of time. This shall not preclude charges for use of premises or facilities other than the dwelling unit by guests.
shall be provided at least one rental period in advance of the first rental payment to be increased.
G. Unless agreed upon in writing by the owner and the resident, a resident's payment of rent may not be allocated to any deposits or damages. Title 47, Art. 8, �-8-15.
No rental agreement may provide that the resident or owner agrees to waive or to forego rights or remedies under the law. Title 47, Art. 8, �-8-16.
If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney's fees. Title 47, Art. 8, �-8-17.
A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency.
home loan bank board on such deposit.
(2) Under the terms of a rental agreement of a duration less than one year, an owner shall not demand or receive from the resident such a deposit in an amount in excess of one month's rent.
B. It is not the intention of this section to include the last month's prepaid rent, which may be required by the rental agreement as a deposit as defined in Subsection D [E] of Section 47-8-3 NMSA 1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be construed as prepaid rent.
mailing the statement and any payment required to the last known address of the resident. Nothing in this section shall preclude the owner from retaining portions of the deposit for nonpayment of rent or utilities, repair work or other legitimate damages.
(4) shall forfeit the right to assert an independent action against the resident for damages to the rental property.
E. An owner who in bad faith retains a deposit in violation of this section is liable for a civil penalty in the amount of two hundred fifty dollars ($250) payable to the resident. Title 47, Art. 8, �-8-18.
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.
B. The information required to be furnished by this section shall be kept current, and this section extends to and is enforceable against any successor, owner or manager.
an owner for the purpose of performing the obligations of the owner under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] and under the rental agreement.
D. Failure of the owner to comply with this section shall relieve the resident from the obligation to provide notice to the owner as required by the Uniform Owner-Resident Relations Act. Title 47, Art. 8, �-8-19.
(6) supply running water and a reasonable amount of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the resident and supplied by a direct public utility connection.
B. If there exists a minimum housing code applicable to the premises, the owner's maximum duty under this section shall be determined by Paragraph (1) of Subsection A of this section. The obligations imposed by this section are not intended to change existing tort law in the state.
C. The owner and resident of a single family residence may agree that the resident perform the owner's duties specified in Paragraphs (5) and (6) of Subsection A of this section and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is in writing, for consideration, entered into in good faith and not for the purpose of evading the obligations of the owner.
(2) the agreement does not diminish or affect the obligation of the owner to other residents in the premises.
Relations Act [47-8-1 to 47-8-51 NMSA 1978] or the rental agreement.
remaining residents. It is solely the owner's responsibility to supply the items and information in this subsection to the resident upon request. The owner may charge an administrative fee not to exceed five dollars ($5.00) for each monthly request of the items in this subsection.
G. The owner shall provide a written rental agreement to each resident prior to the beginning of occupancy. Title 47, Art. 8, �-8-20.
subsequent to written notice to the resident of the termination of the owner's interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under the Uniform Owner-Resident Relations Act. Upon receipt by the resident of written notice of the termination of the owner's interest in the dwelling unit, the resident shall pay all future rental payments, when due, to the successor in interest to the owner.
B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and the Uniform Owner-Resident Relations Act as to events occurring after written notice to the resident of the termination of his management. Title 47, Art. 8, �-8-21.
I. not knowingly commit or consent to any other person knowingly committing a substantial violation. Title 47, Art. 8, �-8-22.
Application of rules or regulations.
enters into the rental agreement is enforceable against the resident if reasonable notice of its adoption is given to the resident and it does not work a substantial modification of his bargain. Title 47, Art. 8, �-8-23.
recover damages. Title 47, Art. 8, �-8-24.
Use of dwelling unit limited.
Unless otherwise agreed, the resident shall occupy his dwelling unit only as a dwelling unit and in compliance with terms and conditions of the rental agreement. The rental agreement may require that the resident notify the owner of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. Title 47, Art. 8, �-8-25.
possession against the resident or any person wrongfully in possession and may recover the damages provided in Subsection F of Section 47-8-33 NMSA 1978.
(2) demand performance of the rental agreement by the owner and, if the prospective resident elects, maintain an action for possession of the premises against any person wrongfully withholding possession and recover the damages sustained by him and seek the remedies provided in Section 47-8-48 NMSA 1978.
C. If the owner makes reasonable efforts to obtain possession of the premises and returns prepaid rents, deposits and fees within seven days of receiving a prospective resident's notice of termination, the owner shall not be liable for damages under this section. Title 47, Art. 8, �-8-26.
Breach of agreement by owner and relief by resident.
(2) the resident may be entitled to abatement of the rent as provided in Section 47-8-27.2 NMSA 1978.
remedies set forth in Paragraph (1) or (2) of this subsection and is not entitled to an action for damages or injunctive relief against the owner.
C. The resident may also recover damages and obtain injunctive relief for any material noncompliance by the owner with the rental agreement or the provisions of Section 47-8-20 NMSA 1978. The remedy provided in this subsection is in addition to any right of the resident arising under Subsection A of this section.
resident may, however, proceed under another paragraph of Subsection A of this section for a subsequent violation or the same violation that occurs in subsequent rental periods.
E. When the last day for remedying any breach pursuant to the written notice required under the Uniform Owner-Resident Relations Act occurs on a weekend or federal holiday, the period to remedy shall be extended until the next day that is not a weekend or federal holiday. Title 47, Art. 8, �-8-27.1.
(2) one hundred percent of the rent for each day from the date the resident notified the owner of the conditions needing repair until the date the breach is cured if the dwelling is uninhabitable and the resident does not inhabit the dwelling unit as a result of the condition.
remedy for the same violation in a subsequent rental period.
C. If the resident's rent is subsidized in whole or in part by a government agency, the abatement limitation of one month's rent shall mean the total monthly rent paid for the dwelling and not the portion of the rent that the resident alone pays. Where there is a third party payor, either the payor or the resident may authorize the remedy and may abate rent payments as provided in this section.
D. Nothing in this section shall limit a court in its discretion to apply equitable abatement.
E. Nothing in this section shall entitle the resident to abate rent for the unavailability of an amenity. Title 47, Art. 8, �-8-27.2.
Action for counterclaim for resident.
during his period of possession. Judgment shall be entered in accordance with the facts of the case.
B. If the defense or counterclaim by the resident is without merit and is not raised in good faith, the owner may recover reasonable attorney's fees and his court costs.
C. If the action or reply to the counterclaim is without merit and is not in good faith, the resident may recover reasonable attorney's fees and his court costs. Title 47, Art. 8, �-8-30.
Resident rights following fire or casualty.
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the resident's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.
B. If the rental agreement is terminated, the owner shall return the balance, if any, [of] prepaid rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of the Uniform Owner-Resident Relations Act. Accounting for rent, in the event of termination or apportionment, is to occur as of the date of the vacation.
Notwithstanding the provisions of this section, the resident is responsible for damage caused by his negligence. Title 47, Art. 8, �-8-31.
Breach of agreement by resident and relief by owner.
A. Except as provided in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978], if there is noncompliance with Section 47-8-22 NMSA 1978 materially affecting health and safety or upon the initial material noncompliance by the resident with the rental agreement or any separate agreement, the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days.
B. Upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach, the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement shall terminate upon a date not less than seven days after receipt of the notice. If the subsequent breach occurs more than six months after the initial breach, it shall constitute an initial breach for purposes of applying the provisions of this section.
C. The initial notice provided in this section shall state that the rental agreement will terminate upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach. To be effective, any notice pursuant to this subsection shall be given within thirty days of the breach or knowledge thereof.
D. If rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit; provided that tender of the full amount due, in the manner stated in the notice, prior to the expiration of the three-day notice shall bar any action for nonpayment of rent.
(2) the owner has allocated rent paid by the resident as payment for damages to the premises, then, if the owner is the prevailing party, the court shall enter a writ of restitution conditioned upon the right of the resident to remedy within three days of entry of judgment. If the resident has satisfied the judgment within three days, the writ shall be dismissed. If the resident has not satisfied the judgment within three days, the owner may execute upon the writ without further order of the court.
F. Except as provided in the Uniform Owner-Resident Relations Act, the owner may recover damages and obtain injunctive or other relief for any noncompliance by the resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.
G. In a judicial action to enforce a remedy for which prior written notice is required, relief may be granted based only upon the grounds set forth in the written notice served; provided, however, that this shall not bar a defendant from raising any and all defenses or counterclaims for which written notice is not otherwise required by the Uniform Owner-Resident Relations Act.
H. When the last day for remedying any breach pursuant to written notice required under the Uniform Owner-Resident Relations Act occurs on a weekend or federal holiday, the period to remedy shall be extended until the next day that is not a weekend or federal holiday.
I. If the resident knowingly commits or consents to another person in the dwelling unit or on the premises knowingly committing a substantial violation, the owner shall deliver a written notice to the resident specifying the time, place and nature of the act constituting the substantial violation and that the rental agreement will terminate upon a date not less than three days after receipt of the notice.
J. In any action for possession under Subsection I of this section, it shall be a defense that the resident is a victim of domestic violence. If the resident has filed for or secured a temporary domestic violence restraining order as a result of the incident that is the basis for the termination notice or as a result of a prior incident, the writ of restitution shall not issue. In all other cases where domestic violence is raised as a defense, the court shall have the discretion to evict the resident accused of the violation, while allowing the tenancy of the remainder of the residents to continue undisturbed.
K. In any action for possession under Subsection I of this section, it shall be a defense that the resident did not know of, and could not have reasonably known of or prevented, the commission of a substantial violation by any other person in the dwelling unit or on the premises.
L. In an action for possession under Subsection I of this section, it shall be a defense that the resident took reasonable and lawful actions in defense of himself, others or his property.
M. In any action for possession under Subsection I of this section, if the court finds that the action was frivolous or brought in bad faith, the petitioner shall be subject to a civil penalty equal to two times the amount of the monthly rent, plus damages and costs. Title 47, Art. 8, �-8-33.
A. If the rental agreement requires the resident to give notice to the owner of an anticipated extended absence in excess of seven days as required in Subsection A of Section 3 [47-8-3 NMSA 1978] of the Uniform Owner-Resident Relations Act and the resident willfully fails to do so, the owner may recover damages from the resident.
B. During any absence of the resident in excess of seven days, the owner may enter the dwelling unit at times reasonably necessary.
C. If the resident abandons the dwelling unit as defined in Subsection A of Section 3 of the Uniform Owner-Resident Relations Act, the owner shall be entitled to take immediate possession of the dwelling unit. The owner shall, in such cases, be responsible for the removing and storing of the personal property for such periods as are provided by law. Upon abandonment, the owner may make reasonable efforts to rent the dwelling unit and premises at a fair rental. If the owner rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. Title 47, Art. 8, �-8-34.
Disposition of property left on the premises.
(6) if the resident does not claim or make attempt to retrieve the stored personal property prior to the date specified in the notice of disposition of the property, the owner may dispose of the stored personal property.
B. Where the rental agreement terminates by the resident's voluntary surrender of the premises, the owner shall store any personal property on the premises for a minimum of fourteen days from the date of surrender of the premises. The owner shall provide reasonable access to the resident for the purpose of the resident obtaining possession of the personal property stored. If after fourteen days from surrender of the premises, the resident has not retrieved all the stored personal property, the owner may dispose of the stored personal property.
C. Where the rental agreement terminates by a writ of restitution, the owner shall have no obligation to store any personal property left on the premises after three days following execution of writ of restitution, unless otherwise agreed by the owner and resident. The owner may thereafter dispose of the personal property in any manner without further notice or liability.
D. Where the property has a market value of less than one hundred dollars ($100), the owner has the right to dispose of the property in any manner.
(2) retain the property for his own use or the use of others, in which case the owner shall credit the account of the resident for the fair market value of the property against any money due and owing to the owner, and any value in excess of money due and owing shall be mailed to the resident at his last known address along with an itemized statement of the value allocated to the property and the amount allocated to costs within fifteen days of the retention of the property.
F. If the last known address is the dwelling unit, the owner shall also mail at least one copy of the accounting and notice of the sums for distribution, to the other address, if provided to the owner by the resident, such as, place of employment, family members, or emergency contact on record with the owner.
G. An owner may charge the resident reasonable storage fees for any time that the owner provided storage for the resident's personal property and the prevailing rate of moving fees. The owner may require payment of storage and moving costs prior to the release of the property.
H. The owner may not hold the property for any other debts claimed due or owning or for judgments for which an application for writ of execution has not previously been filed. The owner may not retain exempt property where an application for a writ of execution has been granted. Title 47, Art. 8, �-8-34.1.
Claim for rent and damages.
If the rental agreement is terminated, the owner is entitled to possession and may have a claim for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's fees as provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the Uniform Owner-Resident Relations Act. Title 47, Art. 8, �-8-35.
Unlawful removal and diminution of services prohibited.
(7) any willful act rendering a dwelling unit or any personal property located in the dwelling unit or on the premises inaccessible or uninhabitable.
B. The provisions of Subsection A of this section shall not apply if an owner temporarily interferes with possession while making legitimate repairs or inspections as provided for in the Uniform Owner-Resident Relations Act.
(4) be entitled to damages. Title 47, Art. 8, �-8-36.
A. There shall be no landlord's lien arising out of the rental of a dwelling unit to which the Uniform Owner-Resident [Relations] Act [47-8-1 to 47-8-51 NMSA 1978] applies.
B. Nothing in this section shall prohibit the owner from levy and execution on a judgment arising out of a claim for rent or damages. Title 47, Art. 8, �-8-36.1.
Notice of termination and damages.
A. The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice.
B. The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
C. If the resident remains in possession without the owner's consent after expiration of the term of the rental agreement or its termination, the owner may bring an action for possession and if the resident's holdover is willful and not in good faith the owner, in addition, may recover the damages sustained by him and reasonable attorney's fees. If the owner consents to the resident's continued occupancy, Subsection C of Section 15 [47-8-15 NMSA 1978] of the Uniform Owner-Resident Relations Act applies. Title 47, Art. 8, �-8-37.
A. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the owner may recover damages, reasonable attorney's fees and court costs.
B. If the owner makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the resident, the resident may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the resident may recover damages and reasonable attorney's fees. Title 47, Art. 8, �-8-38.
(7) abated rent in accordance with the provisions of Section 47-8-27.1 or 47-8-27.2 NMSA 1978.
B. If the owner acts in violation of Subsection A of this section, the resident is entitled to the remedies provided in Section 47-8-48 NMSA 1978 and the violation shall be a defense in any action against him for possession.
C. Notwithstanding the provisions of Subsection A of this section, the owner may increase the rent or change services upon appropriate notice at the end of the term of the rental agreement or as provided under the terms of the rental agreement if the owner can establish that the increased rent or changes in services are consistent with those imposed on other residents of similar rental units and are not directed at the particular resident, but are uniform. Title 47, Art. 8, �-8-39.
Action for possession by owner.
(5) compliance with the applicable building or housing code requires alteration, remodeling or demolition that would effectively deprive the resident of use of the dwelling unit.
B. The maintenance of an action under Subsection A of this section does not release the owner from liability under Section 47-8-20 NMSA 1978. Title 47, Art. 8, �-8-40.
Action for possession by owner or resident.
An action for possession of any premises subject to the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] shall be commenced in the manner prescribed by the Uniform Owner-Resident Relations Act. Title 47, Art. 8, �-8-41.
C. the requisite compliance with the notice provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978].
The petition may also contain other causes of action relating to the residency, but such causes of action shall be answered and tried separately, if requested by either party in writing. Title 47, Art. 8, �-8-42.
(2) for any matter brought by the resident for possession, not less than three or more than five days after the service of summons.
B. Upon finding of good cause, the court may continue the date of hearing on the action for possession for up to seven days from the date of the initial hearing. Title 47, Art. 8, �-8-43.
Absence from court of defendant.
If the defendant shall not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present. Title 47, Art. 8, �-8-44.
On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff or counterclaim. Title 47, Art. 8, �-8-45.
A. Upon petition for restitution filed by the owner if judgment is rendered against the defendant for restitution of the premises, the court shall declare the forfeiture of the rental agreement and shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff on a specified date not less than three nor more than seven days after entry of judgment.
B. Upon a petition for restitution filed by the resident, if judgment is rendered against the defendant for restitution of the premises, the court shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff within twenty-four hours after entry of judgment. Title 47, Art. 8, �-8-46.
A. If either party feels aggrieved by the judgment, that party may appeal as in other civil actions. An appeal by the defendant shall stay the execution of any writ of restitution; provided that in cases in which the resident is the appellant, the execution of the writ of restitution shall not be stayed unless the resident, within five days of the filing of the notice of appeal, pays to the owner or into an escrow account with a professional escrow agent an amount equal to the rental amount that shall come due from the day following the judgment through the end of that rental period. The resident shall continue to pay the monthly rent established by the rental agreement at the time the complaint was filed, on a monthly basis on the date rent would otherwise become due. Payments pursuant to this subsection by a subsidized resident shall not exceed the actual amount of monthly rent paid by that resident. When the resident pays the owner directly, the owner shall immediately provide a written receipt to the resident upon demand. When the resident pays into an escrow account the resident shall cause such amounts to be paid over to the owner immediately upon receipt unless otherwise ordered by the court. Upon the failure of the resident or the escrow agent to make a monthly rent payment on the first day rent would otherwise be due, the owner may serve a three-day written notice on the resident pursuant to Subsection D of Section 47-8-33 NMSA 1978. If the resident or the resident's escrow agent fails to pay the rent within the three days, a hearing on the issue shall be scheduled within ten days from the date the court is notified of the failure to pay rent. In the case of an appeal de novo, the hearing shall be in the court in which the appeal will be heard. If, at the hearing, the court finds that rent has not been paid, the court shall immediately lift the stay and issue the writ of restitution unless the resident demonstrates a legal justification for failing to comply with the rent payment requirement.
B. In order to stay the execution of a money judgment, the trial court, within its discretion, may require an appellant to deposit with the clerk of the trial court the amount of judgment and costs or to give a supersedeas bond in the amount of judgment and costs with or without surety. Any bond or deposit shall not be refundable during the pendency of any appeal. Title 47, Art. 8, �-8-47.
Prevailing party rights in law suit; civil penalties.
A. If suit is brought by any party to the rental agreement to enforce the terms and conditions of the rental agreement or to enforce any provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978], the prevailing party shall be entitled to reasonable attorneys' fees and court costs to be assessed by the court.
B. Any owner who violates a provision of Section 47-8-36 or 47-8-39 NMSA 1978 shall be subject to a civil penalty equal to two times the amount of the monthly rent.
C. Any resident who intentionally violates a provision of Subsection F of Section 47-8-22 NMSA 1978 shall be subject to a civil penalty equal to two times the amount of the monthly rent. Title 47, Art. 8, �-8-48.
The laws and procedures of New Mexico pertaining to complaints of unlawful and forcible entry shall apply to actions for possession of any premises not subject to the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] or the Mobile Home Park Act [Ch. 47, art. 10 NMSA 1978]. Title 47, Art. 8, �-8-49.
Transactions entered into before the effective date of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978], and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated or enforced as required or permitted prior to the effective date of the Uniform Owner-Resident Relations Act. Title 47, Art. 8, �-8-50.
The provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] are applicable to rental agreements entered into or extended or renewed after the effective date and shall not be applicable to any agreements or conditions entered into between the owner and resident which provisions may alter agreements or conditions existing prior to the effective date of the provisions of the Uniform Owner-Resident Relations Act. Title 47, Art. 8, �-8-51.
A. No political subdivision or any home rule municipality shall enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property.
B. This section does not impair the right of a state agency, county or municipality to otherwise manage or control its property.
C. The provisions of Subsection A of this section do not apply to privately owned real property for which benefits or funding have been provided under contract by federal, state or local governments or a governmental instrumentality for the express purpose of providing reduced rents to low- or moderate-income tenants. Title 47, Art. 8, �-8A-1.

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