Davis, CA Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Regulated example
- Facial recognition software named in ordinance
- Approval required
- City council public hearing pre-deployment
- Stated purpose
- Protect civil liberties before deployment
- Testing exception
- 60-day trial without council approval
- Oversight
- Annual written surveillance report to council
- Enforcement
- Injunction, writ of mandate, or misdemeanor
Summary
Davis has not banned facial recognition software outright, but the Surveillance Technology Ordinance lists it as a regulated technology and requires city council approval at a public hearing before any city department, including police, can acquire or newly deploy it for a new purpose or location.
Examples of surveillance technology, includes, but is not limited to, the following: cell site simulators (Stingrays); automatic license plate readers; gunshot detectors (ShotSpotter); facial recognition software; gait analysis software; video cameras that record audio or video and can transmit or be remotely accessed. ... A city department shall obtain city council approval following a public hearing conducted at a regular city council meeting prior to any of the following: (1) Acquiring new surveillance technology, including, but not limited to, procuring such technology without the exchange of monies or consideration; and (2) Using new surveillance technology, or using existing surveillance technology for a purpose, in a manner or in a location not previously approved by the city council.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).
Full Breakdown
010, is to "impose safeguards to protect civil liberties and civil rights before any surveillance technology is deployed," grounded in council findings that "an informed public debate as early as possible" is essential before the city expands technology like facial recognition. 020 defines "surveillance technology" broadly and lists "facial recognition software" among the named examples, alongside cell site simulators, ShotSpotter and license plate readers. 030, before any department can acquire facial recognition software, use existing software for a new purpose or location, or enter a data-sharing agreement involving facial-match data, it must place a surveillance impact report and a proposed Surveillance Use Policy on a council consent calendar at least thirty days before a public hearing. 020). 060.
Violations & Fines
Deploying facial recognition software without the required council approval is enforceable in court: a resident can sue under Section 26.07.070 for an injunction, declaratory relief, or a writ of mandate after giving the city thirty days' written notice to cure. A court awards costs and reasonable attorney's fees to the prevailing party, and anyone who willfully and maliciously violates the ordinance is separately guilty of a misdemeanor.
Frequently Asked Questions
Has Davis banned facial recognition software for police?
What does the city have to disclose before buying facial recognition software?
Can Davis test facial recognition software before asking the council?
What recourse does a resident have if the city uses facial recognition without approval?
Sources & Official References
Other rules in Davis
California rules heatmap·Compare Davis to another location·View the California privacy & surveillance overview
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