Berkeley, CA Privacy & Surveillance: License Plate Readers (2026)

Berkeley Municipal Code Chapter 2.99, adopted by Ordinance 7592-NS in 2018 and amended by Ordinance 7676-NS in 2019, treats automatic license plate readers as "Surveillance Technology" under BMC 2.99.020. Before the Police Department can acquire ALPR units, use them for a new purpose, or enter an agreement with a non-City entity, including a federal agency such as ICE, to acquire, share, or otherwise use the technology or the data it generates, the City Manager must bring a Surveillance Use Policy and a Surveillance Acquisition Report to the Police Review Commission and then to the City Council's Action Calendar under BMC 2.99.030(1)-(3).

The Surveillance Use Policy required by BMC 2.99.020(4)(g) must fix a data retention period, explain why that period is appropriate, and describe how data is deleted once it lapses; BMC 2.99.020(4)(i) forces disclosure of any third-party vendor's ability to access, sell, or share the collected data. Council can only approve a policy after finding under BMC 2.99.060 that the benefits outweigh the costs, that civil liberties are safeguarded to the maximum extent possible, and that no less-invasive alternative exists. The City Manager must file a public annual Surveillance Technology Report by the first November Council meeting under BMC 2.99.070, covering data sharing, complaints, breaches, and costs for every technology, including ALPR.