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

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Admin. Code § 19B.2(d)
Scope
all City Departments incl. SFPD
Enacted
Ord. 103-19 & 107-19, 2019
Exceptions
stock, unusable, unrequested data only

Summary

San Francisco bars every City Department, including the Police Department, from obtaining, retaining, accessing, or using Face Recognition Technology on City-issued software or devices, and from using any information that such technology produces.

Notwithstanding the provisions of this Chapter 19B, it shall be unlawful for any Department to obtain, retain, access, or use: 1) any Face Recognition Technology on City-issued software or a City-issued product or device; or 2) any information obtained from Face Recognition Technology on City-issued software or a City-issued product or device. This subsection (d) is subject to the exceptions in subsections (e)-(g) and the qualifications in subsections (h)-(l).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-96: Codes: last updated to include changes made by legislation through Ordinance 133-26, File No. 260686, approved July 23, 2026, effective August 23, 2026).

Full Breakdown

2(d) reaches both the tool and its output. First, no City Department may obtain, retain, access, or use any Face Recognition Technology on City-issued software or on a City-issued product or device. Second, no Department may obtain, retain, access, or use any information obtained from Face Recognition Technology on City-issued software or a City-issued product or device. That second prohibition closes an obvious workaround: a Department cannot sidestep the ban by consuming the results of face recognition run elsewhere, because the information itself is off limits, not just the software.

The subsection opens with the words "notwithstanding the provisions of this Chapter 19B," which means it overrides the rest of Chapter 19B. Other surveillance technologies in San Francisco can be approved through Chapter 19B's ordinary process; Face Recognition Technology on City equipment cannot be approved at all. The prohibition is expressly subject to the exceptions in subsections (e) through (g) and the qualifications in subsections (h) through (l), and those exceptions are narrow. Inadvertent, unsolicited receipt of facial recognition data from an outside source is excused if it is logged, and a stock manufacturer-installed feature that cannot be deleted or used does not put a City device out of compliance.

Active use of the technology for identification remains banned outright. The rule was enacted through Ordinances 103-19 and 107-19 in 2019 and sits on top of Chapter 19B's broader surveillance oversight scheme.

Violations & Fines

A Department that obtains, retains, accesses, or uses Face Recognition Technology or facial recognition data outside the narrow Section 19B.2(e) through (g) exceptions violates Chapter 19B. Departments must certify their compliance annually under Section 19B.2(h).

Frequently Asked Questions

Can SFPD use facial recognition software?
No. Section 19B.2(d) makes it unlawful for any City Department to obtain, retain, access, or use Face Recognition Technology on City-issued software or devices, and the Police Department is a City Department covered by the ban.
Does the ban cover facial recognition data, or just the software?
Both. Section 19B.2(d) separately prohibits using any information obtained from Face Recognition Technology on City-issued software or a City-issued product or device, so a Department cannot use face recognition results even if it never runs the software itself.
Are there any exceptions to San Francisco's facial recognition ban?
Only narrow ones under subsections (e) through (g): inadvertent, unsolicited receipt of data is excused if it is logged, and unusable stock manufacturer features that cannot be deleted or used do not count. Active identification use is banned.
How is compliance checked?
Each City Department must certify annually under Section 19B.2(h) that it is complying with the Chapter 19B ban.

Sources & Official References

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