Berkeley's Privacy & Surveillance: The Rules That Matter

If you live in Berkeley or are thinking about moving there, privacy & surveillance are one of those things you probably won't think about until they affect you directly. Berkeley has 3 specific rules on the books covering different aspects of privacy & surveillance, and some of them might surprise you.

License Plate Readers

Berkeley cannot deploy automatic license plate readers without the City Council approving a public Surveillance Use Policy first. BMC Chapter 2.99 names ALPR as covered Surveillance Technology and requires Council sign-off before acquisition, use expansion, or any data-sharing deal with an outside agency.

Key details: Governing chapter: BMC Ch. 2.99, enacted 2018. Approval body: City Council, Action Calendar item. Advisory review: Police Review Commission, 30-day window. Data sharing rule: Non-City agreements need prior Council OK. Annual report due: First November Council meeting.

Acquiring or using ALPR technology, or sharing ALPR data with an outside entity such as ICE, without the required Council-approved Surveillance Use Policy violates BMC 2.99.030. BMC 2.99.090 makes City employee compliance mandatory and subjects violations to disciplinary action, while BMC 2.99.100 protects whistleblowers who report violations from retaliation.

This is one of the stricter rules in Berkeley's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Security Camera Rules

Berkeley does not license private home security cameras, but it puts city-owned cameras and other surveillance technology through a public approval gate. Under BMC Chapter 2.99, the City Manager cannot buy, deploy, or share data from cameras or similar tools without a City Council vote at a noticed public meeting.

Key details: Governing chapter: BMC Ch. 2.99, Surveillance Technology. Approval body: Berkeley City Council, noticed meeting. Review body: Police Review Commission, 30-day window. Facial recognition: Barred for City use, § 2.99.030(5). Annual report deadline: First Council meeting in November.

Chapter 2.99 gives no private right of action to sue the City directly. A person alleging a violation must first serve written notice on the City Manager through the City Clerk under § 2.99.090; if the violation is not remedied within 90 days, the complainant may seek injunctive relief in court, and a prevailing complainant may recover up to $15,000 in attorney's fees if the City's conduct is shown to be arbitrary or capricious.

Compared to other cities, Berkeley takes a harder line on security camera rules. The enforcement and penalty structure reflects that.

Facial Recognition Ban

Berkeley bars its own City Manager and anyone acting on the City's behalf, including police, from obtaining, retaining, or using Face Recognition Technology or any information it produces. Municipal Code Section 2.99.030(5) makes acquiring or using it a violation of the surveillance ordinance.

Key details: Banned tech: Face Recognition Technology. Governing section: BMC § 2.99.030(5). Covers: City Manager and anyone acting for the City, incl. police. Exception: Personal communication devices. Remedy: Injunctive relief after 90-day notice.

Obtaining, retaining, requesting, accessing or using Face Recognition Technology or its output violates Section 2.99.030(5) outright; there is no council-approval path around it as there is for other surveillance technology. Berkeley's enforcement runs through Section 2.99.090: a person must give the City Manager written notice via the City Clerk, and if the violation is not remedied within 90 days, they may seek injunctive relief in court. A prevailing complainant who shows the City acted arbitrarily or capriciously can recover attorney's fees up to $15,000.

This is one of the stricter rules in Berkeley's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Berkeley is tougher than many cities when it comes to privacy & surveillance. Out of the 3 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Berkeley, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Berkeley can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.