Oakland Surveillance Ordinance & FR Ban

Oakland Surveillance and Community Safety Ordinance (incl. Facial Recognition & Predictive Policing Bans)
Oakland, CA · Oakland, Cal., Mun. Code ch. 9.64

Status
In effect
Applies to
All City of Oakland departments and staff, including Oakland Police Department
Enforced by
Oakland Privacy Advisory Commission and City Council; courts via civil action

Oakland requires City Council approval and public use policies before city agencies acquire any surveillance technology, and bans city use of facial recognition. In December 2020 the city added first-in-the-nation bans on predictive policing and other biometric surveillance (such as voice and gait recognition). Remains in effect, overseen by Oakland's Privacy Advisory Commission.

Who is protected: Oakland residents and visitors

Legal detail

Oakland Municipal Code ch. 9.64 imposes CCOPS-style approval, impact-report, and annual-reporting requirements and prohibits city acquisition or use of face recognition (added July 2019) and predictive policing/biometric surveillance (added Dec. 15, 2020).

Key facts

JurisdictionOakland, CA
LevelCity / local
StrengthStronger
EnactedJuly 16, 2019
CitationOakland, Cal., Mun. Code ch. 9.64
Private right of actionYes, individuals can sue
PenaltiesInjunctive/declaratory relief and attorney's fees
Topicsfacial recognition · biometric data · police and surveillance AI · government use of AI · consumer data privacy · AI disclosure and transparency · automated decision-making
StatuteOakland Municipal Code Chapter 9.64 (Municode)

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