How San Francisco Handles Privacy & Surveillance: A Practical Guide
San Francisco maintains 177 local ordinances across all categories, and 4 of those deal specifically with privacy & surveillance. Here is a breakdown of what the city actually requires, what is prohibited, and where San Francisco falls on the strict-to-permissive spectrum compared to other cities.
License Plate Readers
San Francisco law names automatic license plate readers as regulated Surveillance Technology, so SFPD cannot acquire, borrow, or expand ALPR use until it publishes a Surveillance Impact Report, obtains a COIT recommendation, and wins Board of Supervisors approval of a Surveillance Technology Policy by ordinance.
Key details: Governing law: Admin. Code Ch. 19B. Approval body: Board of Supervisors. ALPR named: listed as Surveillance Technology. Recent ALPR ordinance: Ord. 255-23, eff. 1/19/2024.
A Department that acquires or uses ALPR data outside an approved Surveillance Technology Policy is out of compliance with Chapter 19B; the Board of Supervisors can enforce compliance and require an ordinance covering continued use under Sec. 19B.5(b).
This is not one of those rules that cities tend to ignore. San Francisco actively enforces its license plate readers requirements.
Facial Recognition Ban
San Francisco bars every City Department, including the Police Department, from obtaining, retaining, accessing, or using Face Recognition Technology on City-issued software or devices, and from using any information that such technology produces.
Key details: Governing law: Admin. Code § 19B.2(d). Scope: all City Departments incl. SFPD. Enacted: Ord. 103-19 & 107-19, 2019. Exceptions: stock, unusable, unrequested data only.
A Department that obtains, retains, accesses, or uses Face Recognition Technology or facial recognition data outside the narrow Section 19B.2(e) through (g) exceptions violates Chapter 19B. Departments must certify their compliance annually under Section 19B.2(h).
Compared to other cities, San Francisco takes a harder line on facial recognition ban. The enforcement and penalty structure reflects that.
Security Camera Rules
SFPD may enter agreements with homeowners and businesses to receive footage from private security cameras, but citywide use of surveillance tech needs Board approval.
Key details: Governing law: Admin. Code Ch. 19B. Non-City camera agreements: Sec. 19B.2(a)(4)-(5). Board approval required: For new surveillance tech. Residential camera owners: Not directly regulated.
Chapter 19B is enforced through Board oversight and reporting duties, not fines on residents; a City department that violates the chapter is subject to Sec. 19B.8 enforcement and required corrective action, not a criminal penalty on camera owners.
Recording & Consent Laws
California is a two-party (all-party) consent state. Recording private conversations without all parties' consent is a criminal offense under CA Penal Code §632. Video in public is legal. SF has additional surveillance oversight laws.
Key details: Consent Type: All-party consent. Law: CA Penal Code §632. First Offense: $2,500 + 1 year jail. SF Overlay: Surveillance Tech Ordinance.
Illegal recording (§632): up to $2,500 fine + 1 year jail. Subsequent: up to $10,000. Civil damages also available.
The Bottom Line
San Francisco is tougher than many cities when it comes to privacy & surveillance. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in San Francisco, 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 Francisco 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.