San Diego, CA Privacy & Surveillance: Facial Recognition Ban (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?
Who reviews facial recognition proposals before the Council votes?
Sources & Official References
Other rules in San Diego
California rules heatmap·Compare San Diego to another location·View the California privacy & surveillance overview
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