Bellingham, WA Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Adopted by
- Resolution 2021-19 (2021)
- Applies to
- City, officials, employees, contractors, vendors
- Cure period before suit
- 90 days written notice
- Inadvertent-use notice
- 30 days, registered mail
- Companion ban
- Predictive policing, §§ 2.24.150-.170
- Key exception
- Secure building/device access with consent
Summary
Bellingham law bars the city and its officials, including the police department, from acquiring, using, storing, or contracting for facial recognition technology, or letting a vendor use it on the city's behalf. Codified at BMC Chapter 2.24, the ban applies citywide with narrow exceptions for secure-building access systems and private consumer devices.
A. It shall be unlawful for the city of Bellingham or any city of Bellingham official to: 1. Obtain, retain, store, possess, access, use, or collect: a. Any facial recognition technology; or b. Any data or information derived from a facial recognition technology or other use of facial recognition; 2. Enter into a contract or other agreement with any third party for the purpose of obtaining, retaining, storing, possessing, accessing, using, or collecting, by or on behalf of the city of Bellingham or any city of Bellingham official: a. Any facial recognition technology; or b. Any data or information derived from a facial recognition technology or other use of facial recognition; or c. Issue any permit or enter into a contract or other agreement that authorizes any third party to obtain, retain, store, possess, access, use, or collect: i. Any facial recognition technology; or ii. Any data or information derived from a facial recognition technology or other use of facial recognition.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 2026-06-015, passed June 1, 2026).
Full Breakdown
110(B) to include officers, employees, agents, contractors, subcontractors, and vendors) to obtain, retain, store, possess, access, use, or collect any facial recognition technology or data derived from it, to contract with a third party to do so on the city's behalf, or to issue a permit authorizing a third party to use it. 110(C) as an automated or semi-automated process identifying or verifying a person from facial characteristics. 100). 120(B) applies only if the city did not solicit the data, logs the incident, publishes it on the city council's website within 30 days, and notifies affected individuals by registered mail within 30 days.
140 requires unlawfully obtained data to be deleted on discovery, with notice to the affected individual within 30 days. 190 preserve use of facial recognition on privately owned consumer devices and for managing secure entry to restricted city buildings, rooms, or devices, provided access is consented to and data on non-authorized persons is not retained for other purposes. 170 in the same chapter.
Violations & Fines
Any person injured by a violation may sue the city of Bellingham for relief, including a writ of mandate, under § 2.24.180. Before filing suit, the injured party must give the city written notice and a 90-day opportunity to correct the violation; if cured, the city must post a notice on its website describing the corrective measures, and notify the injured party by registered mail or, with consent, electronically.
Frequently Asked Questions
Does Bellingham police use facial recognition technology?
Can facial recognition evidence be used against me in a Bellingham proceeding?
What happens if the city accidentally collects facial recognition data?
Can I sue the city over a facial recognition violation?
Does the ban cover security cameras at city buildings?
Sources & Official References
Other rules in Bellingham
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