Berkeley Government FR Ban (2019)
Berkeley Face Recognition Acquisition Prohibition (Ord. 7,676-N.S., Oct. 15, 2019)
Berkeley, CA · Berkeley Mun. Code Ch. 2.99 (Ord. 7,676-N.S., 2019)
- Status
- In effect
- Took effect
- November 14, 2019
- Applies to
- All City of Berkeley departments, including Berkeley Police
- Enforced by
- Internal compliance + Council oversight
On October 15, 2019, Berkeley enacted Ordinance 7,676-N.S., prohibiting the City Manager and any city agent from obtaining, retaining, accessing, or using facial recognition technology — making Berkeley the fourth U.S. city to ban government FR. Codified at Berkeley Mun. Code Ch. 2.99. Still in effect 2026.
Who is protected: Berkeley residents and visitors
Legal detail
Berkeley Ord. No. 7,676-N.S. (Oct. 15, 2019), codified at Berkeley Mun. Code Ch. 2.99 — prohibits the City Manager or any subordinate or agent from obtaining, retaining, requesting, accessing, or using (1) face recognition technology or (2) information derived from face recognition technology. Chapter 2.99 also requires Council-approved surveillance use policies and acquisition reports for all surveillance technology.
Key facts
| Jurisdiction | Berkeley, CA |
|---|---|
| Level | City / local |
| Strength | Stronger |
| Enacted | October 15, 2019 |
| Citation | Berkeley Mun. Code Ch. 2.99 (Ord. 7,676-N.S., 2019) |
| Private right of action | No, agency enforcement only |
| Penalties | Civil action; injunctive relief |
| Topics | facial recognition · biometric data · police and surveillance AI · government use of AI |
| Statute | Berkeley Ord. 7,676-N.S. — City Clerk |
More AI rules in Berkeley, CA
- Berkeley CA "The Berkeley Rule" AI Policy (2026) · In effect
- Ordinance prohibiting use of algorithmic rent-setting devices · Proposed / pending
Related facial recognition rules elsewhere
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Bristol VA PD facial recognition program (first VA local agency) · In effect
- Dallas PD Clearview AI facial recognition policy · In effect
- Ban biometric recognition in public accommodations (Ban The Scan) · Proposed / pending
- Limit facial recognition in residential buildings (Ban The Scan) · Proposed / pending
- Texas v. Google · In effect
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