Portland, ME Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Governing article
- Ch. 17, Art. XI, §§ 17-129–17-134
- Enacted
- Ord. 72-19/20, 8-3-2020
- Ratified
- Voter referendum, 11-3-2020
- Minimum statutory damages
- Greater of $100/violation or $1,000
- Evidence rule
- Unlawfully obtained data barred and deleted
Summary
Portland outlaws face surveillance by every city department, employee and contractor. Article XI of Chapter 17, adopted by referendum in 2020, bars the City from obtaining, using or contracting for any face surveillance system, with violators facing discipline, evidence suppression and civil damages.
It shall be unlawful for the City of Portland or any City of Portland official to: (a) Obtain, retain, store, possess, access, use, or collect: 1. any face surveillance system; or 2. any data or information derived from a face surveillance system or other use of face surveillance; (b) 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 Portland or any City of Portland official... 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... any face surveillance system.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Sec. 17-131 makes it unlawful for "the City of Portland or any City of Portland official" to obtain, retain, store, possess, access, use or collect any face surveillance system or data derived from one; to contract with a third party to do so on the City's behalf; or to issue a permit or contract authorizing a third party to do so. "Face surveillance" is defined in Sec. 17-130 as "an automated or semi-automated process that assists in identifying or verifying an individual, or captures information about them, based on the physical characteristics of their face," and "City of Portland official" reaches any officer, employee, agent, contractor, subcontractor or vendor acting on the City's behalf.
Sec. 17-132 makes any evidence obtained in violation inadmissible in any court, hearing or other proceeding and requires it be deleted upon discovery. Sec. 17-133 carves out narrow safe harbors: redaction tools for public-records release, private consumer/commercial devices, and secure building-access systems, provided data on unauthorized persons is never collected. The ordinance traces its authority to Article II, Section 11 of the Portland City Charter and was enacted by Ordinance 72-19/20 on 8-3-2020, then ratified by voter referendum on 11-3-2020.
Violations & Fines
A City employee who violates the article is subject to discipline under the City's personnel policies and collective bargaining agreements, and Sec. 17-132(c) makes a violation by any official or employee grounds for suspension or termination, with mandatory retraining possible. Any person subjected to unlawful face surveillance may sue in Maine Superior Court for injunctive and declaratory relief, and is entitled to actual damages of at least the greater of $100 per violation or $1,000, plus costs and attorney's fees for a prevailing plaintiff.
Frequently Asked Questions
Can Portland police use facial recognition software?
What counts as a 'city official' under the ban?
Are there any exceptions to Portland's facial recognition ban?
What happens if the City violates the ban?
Sources & Official References
Other rules in Portland
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