Skip to main content
CityRuleLookup

San Diego, CA Privacy & Surveillance: Facial Recognition Ban (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Outright ban
No: requires Council approval
Governing law
TRUST Ordinance, SDMC §210.0101-0104
Review body
Privacy Advisory Board (advisory only)
Violation penalty
$1,000 or $100/day, plus fees

Summary

San Diego does not ban facial recognition technology outright. The TRUST Ordinance requires SDPD and every city department to get City Council approval of a public Surveillance Use Policy before acquiring or using it.

Facial recognition technology means an automated or semi-automated process that assists in identifying or verifying an individual based on an individual's face. ... If the City Council determines that the proposed use of the surveillance technology meets the standard set forth in this Division, then the City Council may authorize the use of the surveillance technology by adopting a legally enforceable Surveillance Use Policy.

Full Breakdown

Facial recognition technology is defined at SDMC §210.0102(h) as any automated or semi-automated process that identifies or verifies a person from their face, and it is listed among the surveillance technologies covered by the TRUST Ordinance. Before SDPD or any city department can acquire or deploy it, §210.0104 requires staff to submit a Surveillance Impact Report and proposed Surveillance Use Policy to the Privacy Advisory Board for advisory review, then win a public City Council vote under §210.0101. There is no outright ban; approval is discretionary and specific to each proposed use.

Violations & Fines

Using facial recognition without a Council-approved Surveillance Use Policy violates the Division. Affected individuals may sue in Superior Court for actual damages or liquidated damages of $1,000 or $100/day, plus attorney's fees up to $15,000.

Frequently Asked Questions

Has San Diego banned facial recognition technology?
No. The TRUST Ordinance doesn't prohibit it. SDPD and other city departments must get City Council approval of a public Surveillance Use Policy before acquiring or using it.
Who reviews facial recognition proposals before the Council votes?
The Privacy Advisory Board, created under SDMC §26.42, reviews the Surveillance Impact Report and Surveillance Use Policy and gives the City Council an advisory recommendation.

Sources & Official References

Other rules in San Diego

All San Diego rules

California rules heatmap·Compare San Diego to another location·View the California privacy & surveillance overview

Get notified when Facial Recognition Ban in San Diego, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.