Portland, OR Privacy & Surveillance: Facial Recognition Ban (2026)
Key Facts
- Scope
- Private entities in public accommodations only
- Penalty
- $1,000/day or actual damages, greater
- Enforcement
- Private civil lawsuit, not a city citation
- Government use
- Not covered by this ban: separate oversight
Summary
Portland bans private businesses and other private entities from using facial recognition technology on customers in places of public accommodation, with narrow exceptions for legal compliance, personal device unlocking, and social media face detection.
Except as provided in the Exceptions section below, a Private Entity shall not use Face Recognition Technologies in Places of Public Accommodation within the boundaries of the City of Portland.
Full Breakdown
City Code § 34.10.030 prohibits any private entity, a corporation, LLC, sole proprietor, or other private business, from using Face Recognition Technologies in a place of public accommodation within Portland, meaning stores, restaurants, and other businesses serving the public can't scan customers' faces. Exceptions cover legal-compliance uses, unlocking an employee's own device, and automatic face detection in social media apps (§ 34.10.040). The ban targets Private Entities specifically: it doesn't restrict the Portland Police Bureau or other City bureaus, whose surveillance technology use instead falls under the City Data and Privacy Office's oversight and reporting duties (City Code § 3.39.020), not a flat prohibition.
Violations & Fines
Violators face civil suits for actual damages or $1,000 per day of violation, whichever is greater, plus attorney fees if a 30-day written demand went unanswered (§ 34.10.050).
Frequently Asked Questions
Does Portland's facial recognition ban apply to the police?
What counts as a "place of public accommodation"?
Sources & Official References
Other rules in Portland
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