The Confidential Materials Act permits any library, college, university, museum or institution of the state or any of its political subdivisions to keep confidential materials of historical or educational value on which the donor or seller has imposed restrictions on access for a specified period of time. NMSA 1978 § 14-3A-A to -2.

This exception does not include donated or sold material that were public records as defined by IPRA while in the possession of the donor or seller at the time of the donation or sale. NMSA 1978 § 14-2-1-A (5)