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

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

Key Facts

Governing chapter
BMC Ch. 2.99, enacted 2018
Approval body
City Council, Action Calendar item
Advisory review
Police Review Commission, 30-day window
Data sharing rule
Non-City agreements need prior Council OK
Annual report due
First November Council meeting

Summary

Berkeley cannot deploy automatic license plate readers without the City Council approving a public Surveillance Use Policy first. BMC Chapter 2.99 names ALPR as covered Surveillance Technology and requires Council sign-off before acquisition, use expansion, or any data-sharing deal with an outside agency.

1. The City Manager must obtain City Council approval, except in Exigent Circumstances, by placing an item on the Action Calendar at a duly noticed meeting of the City Council prior to any of the following: a. Seeking, soliciting, or accepting grant funds for the purchase of, or in-kind or other donations of, Surveillance Technology; b. Acquiring new Surveillance Technology...; c. Using new Surveillance Technology, or using Surveillance Technology previously approved by the City Council for a purpose, or in a manner not previously approved by the City Council; or d. Entering into an agreement with a non-City entity to acquire, share or otherwise use Surveillance Technology or the information it provides, or expanding a vendor's permission to share or otherwise use Surveillance Technology or the information it provides.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).

Full Breakdown

020. 030(1)-(3). 020(4)(i) forces disclosure of any third-party vendor's ability to access, sell, or share the collected data. 060 that the benefits outweigh the costs, that civil liberties are safeguarded to the maximum extent possible, and that no less-invasive alternative exists. 070, covering data sharing, complaints, breaches, and costs for every technology, including ALPR.

Violations & Fines

Acquiring or using ALPR technology, or sharing ALPR data with an outside entity such as ICE, without the required Council-approved Surveillance Use Policy violates BMC 2.99.030. BMC 2.99.090 makes City employee compliance mandatory and subjects violations to disciplinary action, while BMC 2.99.100 protects whistleblowers who report violations from retaliation.

Frequently Asked Questions

Can Berkeley police share ALPR data with ICE?
Not without Council approval first. BMC 2.99.030(1)(d) requires City Council sign-off on a Surveillance Use Policy before the City enters any agreement with a non-City entity, including a federal agency, to share Surveillance Technology data such as ALPR reads.
Does Berkeley's ALPR policy set a data retention limit?
The Surveillance Use Policy for each technology must state a specific retention period and the process for deleting data once it lapses, per BMC 2.99.020(4)(g). The exact retention window lives in the adopted ALPR-specific policy document, not the ordinance text itself.
Who reviews Berkeley's surveillance technology purchases before Council votes?
The Police Review Commission reviews the Surveillance Use Policy and Surveillance Acquisition Report first and has 30 days to recommend approval, object, or propose changes under BMC 2.99.030(2), though its inaction cannot block the City Manager from proceeding to Council.

Sources & Official References

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All Berkeley rules

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