Dayton, OH Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Enacted
- Ord. 31886-21, passed 5-12-21
- Covers
- Facial recognition software as Surveillance Technology
- Requires
- Public hearing + Commission majority vote
- Not
- An outright ban
- Applies to
- Dayton Police Department only
Summary
Dayton's Law Enforcement Surveillance Oversight Ordinance lists facial recognition software as regulated Surveillance Technology and requires a public hearing and City Commission vote before Dayton police can acquire or deploy it.
"Surveillance Technology" means any device or system designed or used or intended to be used to collect, retain, process or share audio, electronic, visual, location, thermal, olfactory or similar information associated with...any specific individual...Examples of surveillance technologies include but are not limited to: cell site simulators (Stingrays); automatic license plate readers; gunshot detectors; facial recognition software; gait analysis software.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 35).
Full Breakdown
Ordinance 31886-21, codified at R.C.G.O. §§ 34.09-34.15, does not ban facial recognition: it names facial recognition software as an example of 'Surveillance Technology' the Dayton Police Department must clear through a Commission-controlled process. Before acquiring or using it, DPD must publish a Surveillance Impact Report and a proposed Use Policy at least 30 days ahead, hold a public hearing with written and verbal public comment, and win a majority City Commission vote. Existing technology needed a published Use Policy within 180 days of the 2021 ordinance, plus an annual public report to the Commission on how it's actually used.
Violations & Fines
City employees who knowingly violate the ordinance face discipline under the Personnel Manual and a report to the Commission; the City may not enter any contract that conflicts with these requirements.
Frequently Asked Questions
Does Dayton ban police use of facial recognition?
Does this law limit private businesses' use of facial recognition?
Sources & Official References
Other rules in Dayton
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