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Worcester, MA Privacy & Surveillance: Facial Recognition Ban (2026)

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

Key Facts

Governing section
Chapter Two, § 41
Ordained
December 14, 2021, Ordinance #923
Covers
City officers, employees, contractors, vendors
Banned conduct
Obtain, retain, request, access, use facial surveillance
Exceptions
Phone unlock, redaction software, child-search act

Summary

Worcester bans city government and police from acquiring, retaining, requesting, accessing or using facial surveillance technology or any data derived from it. Chapter Two, Section 41, ordained December 14, 2021, covers every city department, officer, employee, agent, contractor and vendor.

It shall be unlawful for Worcester or any Worcester official to knowingly obtain, retain, request, access, or use: (1) Any facial surveillance system; or (2) Any information obtained from a facial surveillance system. (d) Enforcement. (1) No data collected or derived from any use of facial surveillance in violation of this Order and no evidence derived therefrom may be used in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the City of Worcester.

Full Breakdown

Chapter Two, Section 41 of the Revised Ordinances of 2008, ordained December 14, 2021 as ordinance #923, makes it unlawful for the City of Worcester or any "Worcester official" (defined to include any officer, employee, agent, contractor, subcontractor, or vendor acting on the city's behalf) to knowingly obtain, retain, request, access, or use any facial surveillance system, or any information obtained from one. "Facial surveillance" is defined as an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of that person's face.

The ordinance also imposes an evidentiary rule: no data collected or derived from facial surveillance used in violation of the ordinance, and no evidence derived from it, may be used in any proceeding before any city department, officer, agency, regulatory body, legislative committee or other authority under the City's jurisdiction. , unlocking a phone); using social media or communications software to reach the public as long as that use does not affirmatively deploy facial surveillance; using automated redaction software that lacks facial surveillance capability; and complying with the National Child Search Assistance Act. The ordinance states it does not limit any individual's rights under state or federal law.

Violations & Fines

The ordinance itself sets no fine schedule. Section 41(d)(2) directs that violations "will be addressed in accordance with the City's usual practices, applicable law and contractual obligations," and any evidence obtained through a violation is barred from use in city proceedings under subsection (d)(1).

Frequently Asked Questions

Does Worcester's ban stop city police from using facial recognition?
Yes. Section 41(c) makes it unlawful for Worcester or any Worcester official, including police officers, to knowingly obtain, retain, request, access, or use a facial surveillance system or data derived from one, subject only to the ordinance's listed exceptions.
Can facial-recognition evidence from another agency be used in a Worcester case?
Under the exception in Section 41(e)(1), Worcester officials may use evidence generated by a non-Worcester law enforcement agency's facial surveillance system when investigating a specific crime, even though Worcester cannot run its own facial surveillance system.
Does unlocking a city-issued phone with Face ID violate the ban?
No. Section 41(e)(2) exempts obtaining or possessing an electronic device that performs facial surveillance for the sole purpose of user authentication, such as unlocking a phone or tablet, from the ban on facial surveillance technology.

Sources & Official References

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