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Portland, OR Privacy & Surveillance: Facial Recognition Ban (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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?
No. City Code § 34.10.030 only binds private entities; Portland Police Bureau and other city bureaus instead fall under the City Data and Privacy Office's surveillance-technology oversight in § 3.39.020, not a ban.
What counts as a "place of public accommodation"?
Any business or service offering goods, services, lodging, amusement, or transportation to the public, not a private club, private residence, or distinctly private venue (§ 34.10.020).

Sources & Official References

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