Berkeley, CA Privacy & Surveillance: Security Camera Rules (2026)
Key Facts
- Governing chapter
- BMC Ch. 2.99, Surveillance Technology
- Approval body
- Berkeley City Council, noticed meeting
- Review body
- Police Review Commission, 30-day window
- Facial recognition
- Barred for City use, § 2.99.030(5)
- Annual report deadline
- First Council meeting in November
- Attorney fee cap
- $15,000 for prevailing complainant
Summary
Berkeley does not license private home security cameras, but it puts city-owned cameras and other surveillance technology through a public approval gate. Under BMC Chapter 2.99, the City Manager cannot buy, deploy, or share data from cameras or similar tools without a City Council vote at a noticed public meeting.
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, including but not limited to procuring such technology without the exchange of monies or consideration; 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.
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
BMC § 2.99.020 defines "Surveillance Technology" broadly to include automatic license plate readers, body-worn cameras, gunshot detectors, facial recognition software, and "video cameras that record audio or video and can remotely transmit or can be remotely accessed." Before the City Manager may seek grant funds for, acquire, newly use, or expand a vendor's access to any such technology, § 2.99.030(1) requires placing the item on the City Council's Action Calendar at a duly noticed public meeting, except in "Exigent Circumstances" involving imminent danger of death, serious injury, or significant property damage under § 2.99.020(5).
Before Council votes, the City Manager must present a Surveillance Use Policy and the underlying Surveillance Acquisition Report to the Police Review Commission, which has 30 days to recommend approval, object, or propose changes, though its inaction does not block the City Manager under § 2.99.030(2)-(3). Face Recognition Technology is separately barred outright: § 2.99.030(5) makes it a violation for the City Manager or anyone acting on the City's behalf to obtain, retain, request, access, or use it or information derived from it, apart from narrow inadvertent-receipt and personal-device exceptions.
The City Manager must also file a public annual Surveillance Technology Report every November covering deployment, complaints, data breaches, and costs under § 2.99.070, and must keep surveillance-related contracts publicly available under § 2.99.080.
Violations & Fines
Chapter 2.99 gives no private right of action to sue the City directly. A person alleging a violation must first serve written notice on the City Manager through the City Clerk under § 2.99.090; if the violation is not remedied within 90 days, the complainant may seek injunctive relief in court, and a prevailing complainant may recover up to $15,000 in attorney's fees if the City's conduct is shown to be arbitrary or capricious.
Frequently Asked Questions
Does Berkeley regulate homeowners installing their own security cameras?
Can Berkeley police buy new surveillance cameras without public review?
Is facial recognition software allowed on Berkeley's camera systems?
Sources & Official References
Other rules in Berkeley
California rules heatmap·Compare Berkeley to another location·View the California privacy & surveillance overview
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