Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026)
Virginia Code § 15.2-1723.2 — Facial Recognition Technology by Local Law Enforcement (2026)
Virginia · Va. Code § 15.2-1723.2 (2026), effective July 1, 2026
- Status
- In effect
- Took effect
- July 1, 2026
- Applies to
- All Virginia local law enforcement agencies
- Enforced by
- Virginia Attorney General; local government compliance mechanisms
Virginia Code § 15.2-1723.2, effective July 1, 2026, imposes statewide binding requirements on how local law enforcement agencies in Virginia may use facial recognition technology. Agencies wishing to use facial recognition must publicly post a policy meeting or exceeding the State Police model, publish annual use reports by April 1 each year, and give 30 days written notice to their governing body before procuring the technology. The law bans real-time tracking of identified individuals in public spaces and prohibits creating a live-video database using facial recognition. All searches must be logged and violations by operators constitute a Class 3 misdemeanor. The law applies to all Virginia localities, including Northern Virginia regional law enforcement systems.
Who is protected: Virginia residents subject to local law enforcement facial recognition
Legal detail
Va. Code § 15.2-1723.2, enacted by the 2026 Virginia General Assembly, effective July 1, 2026. Requirements: (1) public posting of FRT policy meeting State Police model standards; (2) annual FRT use report to governing body and public by April 1; (3) 30-day written notice before FRT procurement; (4) all FRT searches must be logged. Prohibitions: real-time tracking of identified individuals in public; live-video FRT databases. Criminal penalties: violations by operators = Class 3 misdemeanor. Applies to all VA localities — affects NOVARIS (Northern Virginia Regional Information System) covering Arlington, Fairfax, Loudoun, Prince William counties and cities of Alexandria, Fairfax, Falls Church. Companion: Va. Code § 23.1-815.1 (same framework for public university police, also eff. July 1, 2026).
Key facts
| Jurisdiction | Virginia |
|---|---|
| Level | State |
| Strength | Moderate |
| Citation | Va. Code § 15.2-1723.2 (2026), effective July 1, 2026 |
| Penalties | Class 3 misdemeanor for operator violations |
| Topics | facial recognition · police and surveillance AI · biometric data · consumer data privacy |
| Statute | Code of Virginia § 15.2-1723.2 — law.lis.virginia.gov |
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Related facial recognition rules elsewhere
- 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
- Lorenzano-Nunez v. Roestenberg — FR wrongful arrest (2026) · Blocked / in litigation
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