Boston, MA Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Adopted
- Ord. 2020 c. 2
- Applies to
- All city depts. incl. Boston Police
- Banned
- Obtain, retain, access, use face surveillance
- Key exception
- Device unlock for user authentication only
- Enforcement
- Data deletion + private right of action
- Employee penalty
- Retraining up to termination
Summary
Boston Code § 16-62 makes it unlawful for the city or any city official to obtain, retain, access or use a face surveillance system, or to contract with a third party to do so. The ban covers every city department, including the Boston Police Department, with only narrow carve-outs.
FACE SURVEILLANCE. An automated or semi-automated process that assists in identifying or verifying an individual, or in capturing information about an individual, based on the physical characteristics of an individual's face. ... (B) Ban on city use of face surveillance. (1) It shall be unlawful for Boston or any Boston official to: (a) Obtain, retain, possess, access or use: 1. Any face surveillance system; or 2. Information derived from a face surveillance system. (b) Enter into an agreement with any third party for the purpose of obtaining, retaining, possessing, accessing or using, by or on behalf of Boston or any Boston official any face surveillance system; or (c) Issue any permit or enter into any other agreement that authorizes any third party, on behalf of Boston or any Boston official, to obtain, retain, possess, access or use: 1. Any face surveillance system; or 2. Information derived from a face surveillance system.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).
Full Breakdown
Under § 16-62, "Boston" means any department, agency, bureau or subordinate division of the city, and a "Boston official" is any officer, employee, agent, contractor, subcontractor or vendor acting on the city's behalf. The ban bars obtaining, retaining, possessing, accessing or using any face surveillance system or data derived from one, entering into third-party agreements for that purpose, and issuing permits letting a third party do it on the city's behalf. The Section carves out narrow exceptions: using evidence from a face surveillance system in a specific criminal investigation, so long as the city did not generate or request it; possessing an electronic device for evidentiary purposes; unlocking a city-owned phone or tablet via face recognition for user authentication only; using standard social media tools without affirmative face surveillance; automated redaction software without face-surveillance capability; and compliance with the federal National Child Search Assistance Act of 1990.
Data collected in violation of the Section is deemed unlawfully obtained, must be deleted, and is barred from any proceeding before a city department, officer, agency, board or committee. The ordinance took effect immediately upon passage as Ord. 2020 c. 2 and is codified at § 16-62 in Chapter XVI.
Violations & Fines
Face surveillance data obtained in violation of § 16-62 must be deleted and is inadmissible in any city proceeding. Any person may sue for injunctive or declaratory relief or a writ of mandate, and a prevailing plaintiff recovers costs and reasonable attorneys' fees. A city employee who violates the ban faces retraining, suspension or termination, subject to due-process and collective-bargaining protections.
Frequently Asked Questions
Does Boston's face surveillance ban cover the police department?
Can Boston police still use facial recognition evidence gathered by someone else?
What happens if a city employee violates the face surveillance ban?
Sources & Official References
Other rules in Boston
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