Berkeley, CA Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- 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
- Fee cap
- Attorney's fees up to $15,000
Summary
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.
Notwithstanding any other provision of this Chapter, it shall be a violation of this ordinance for the City Manager or any person acting on the City Manager's behalf to obtain, retain, request, access, or use: i) any Face Recognition Technology; or ii) any information obtained from Face Recognition Technology, except for personal communication devices as defined by Section 2.99.020 or section 2.99.030(4). The inadvertent or unintentional receipt, access to, or use of any information obtained from Face Recognition Technology shall not be a violation of this subsection provided that the City Manager or any person acting on the City Manager's behalf does not request or solicit the receipt, access to, or use of such information, and all copies of the information are promptly destroyed upon discovery of the information, and the information is not used for any purpose.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
99, the Acquisition and Use of Surveillance Technology ordinance, contains an outright ban on facial recognition rather than merely regulating it. 030(5) states that notwithstanding any other provision of the chapter, it is a violation for the City Manager or any person acting on the City Manager's behalf, which reaches the Berkeley Police Department, to obtain, retain, request, access, or use any Face Recognition Technology, or any information obtained from it. 020(6) as an automated or semi-automated process that assists in identifying or verifying an individual based on the individual's face, and lists facial recognition software as an example of the broader "Surveillance Technology" the ordinance governs.
Two narrow carve-outs apply: personal communication devices such as city-issued cell phones are excluded, and evidence relating to the investigation of a specific crime that was generated by facial recognition but not intentionally solicited is not a violation. 030(5). 030(1)-(3). The ban was added by Ordinance 7676-NS in 2019, amending the original 2018 surveillance ordinance (7592-NS).
Violations & Fines
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.
Frequently Asked Questions
Can Berkeley police use facial recognition software?
Are there any exceptions to Berkeley's facial recognition ban?
How is Berkeley's facial recognition ban enforced?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California privacy & surveillance overview
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