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
020(5). 030(2)-(3). 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. 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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