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Privacy & Surveillance

Privacy & Surveillance in San Diego, CA: What Residents Actually Need to Know

By CityRuleLookup Editorial Team

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

Facial Recognition Ban

San Diego does not ban facial recognition technology outright. The TRUST Ordinance requires SDPD and every city department to get City Council approval of a public Surveillance Use Policy before acquiring or using it.

Key details: Outright ban: No: requires Council approval. Governing law: TRUST Ordinance, SDMC §210.0101-0104. Review body: Privacy Advisory Board (advisory only). Violation penalty: $1,000 or $100/day, plus fees.

Using facial recognition without a Council-approved Surveillance Use Policy violates the Division. Affected individuals may sue in Superior Court for actual damages or liquidated damages of $1,000 or $100/day, plus attorney's fees up to $15,000.

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

License Plate Readers

Automatic license plate readers count as surveillance technology under San Diego's TRUST Ordinance, so SDPD needs City Council approval of a public Surveillance Use Policy covering data retention and sharing before deploying or expanding an ALPR program.

Key details: Council approval required: Yes, before deployment. Data retention: Set per-policy, must be disclosed. Third-party sharing: Must be justified in policy. Governing law: SDMC §210.0102(o), (q); §210.0104.

Operating ALPR outside an approved Surveillance Use Policy, or retaining/sharing plate data beyond it, violates the Division. Affected individuals may sue for $1,000 or $100/day in liquidated damages plus attorney's fees up to $15,000.

Compared to other cities, San Diego takes a harder line on license plate readers. The enforcement and penalty structure reflects that.

Recording & Consent Laws

California is a two-party (all-party) consent state. Recording private conversations without the consent of ALL parties is a criminal offense under California Penal Code §632. First violation: up to $2,500 fine and/or one year in jail. This applies to phone calls, in-person conversations, and security camera audio in San Diego.

Key details: Consent Type: All-party (two-party) consent. Statute: CA Penal Code §632. First Offense: Up to $2,500 fine and/or 1 year jail. Civil Damages: $5,000/violation or 3x actual damages. Cell Phones: CA Penal Code §632.7.

First offense: fine up to $2,500 and/or one year in county jail. Subsequent offenses: fine up to $10,000 and/or one year in jail. Civil damages: $5,000 per violation or 3x actual damages under §637.2.

The Bottom Line

San Diego is tougher than many cities when it comes to privacy & surveillance. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in San Diego, 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 San Diego 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.