This Wednesday, the Portland City Council will hear from residents, businesses, and civil society as they consider banning
government use of face recognition technology within the city.
Over 150 Portland-area business owners, technologists, workers, and residents have signed our
About Face petition calling for an end to government use of face surveillance. This week, a coalition of local and national civil society organizations led by Electronic Frontier Alliance (EFA) members
PDX Privacy and
Portland's Techno-Activism Third Mondays delivered that
petition to the council, noting that "even if the technology someday functions flawlessly, automated surveillance and collection of biometric data will still violate our personal privacy and conflict with the City's own privacy principles."
End Face Surveillance in your community
The proposed ban on government use of face surveillance makes critical steps forward in protecting Portland residents. As a result of
federal grants and gifting through the Department of Defense's
1033 program,
budgeting systems that once provided some measure of transparency—and an opportunity for accountability—have been circumvented by police departments across the country. Once passed, Portland's ordinance will prohibit city bureaus from purchasing, leasing, or accepting face recognition technology as a donation or gift. It will also prohibit city bureaus from directing non-city entities to acquire or use the technology on the city's behalf.
The ordinance also provides a path toward protections against government use of other kinds of privacy-invasive surveillance technology, beyond face surveillance. Specifically, it tasks Portland's Bureau of Planning and Sustainability with proposing a framework for the establishment of citywide privacy policies and procedures, including a public engagement process and the development of data governance structures.
The Portland City Council will also consider a second ordinance on face surveillance, addressing
private sector use of the technology. Specifically, it would ban use of face surveillance by private parties in places of public accommodation. The better approach to private sector use is through the requirement of opt-in consent, as is required by Illinois'
Biometric Information Privacy Act and Senator Jeff Merkley's proposed
National Biometric Information Privacy Act. We made the same point in our June
letter to the
Boston City Council.
On the ban on government use of face surveillance, there is still significant room for improvement as to enforcement. It requires that a violation of the ordinance harm a person before they can initiate enforcement. But to protect the public, enforcement should be possible before harm occurs. In the words of Brian Hofer, Chair of Oakland’s Privacy Advisory Commission, included in the materials Portland Commissioners are reviewing: the “current enforcement mechanism will likely not provide much protection because A) we typically only learn of harm from surveillance long after the fact, and B) this technology works at a distance, in secret, and thus an injured party will almost never discover that they were subject to its use.” Hofer suggests that the language be amended to mirror
Oakland's own ban, which does not require proof of personal harm and allows damages for those harmed.
End Face Surveillance in your community
Moreover, the enforcement provisions of many
existing local bans include an essential provision missing from Portland's: fee-shifting, where the city must pay attorney fees for a prevailing plaintiff. This levels the playing field and removes financial barriers to legal accountability.
The work of Portland lawmakers and the Bureau of Planning and Sustainability to protect residents from face surveillance is commendable. But commissioners must ensure the ban includes strong, enforceable protections. From San Francisco to Boston, and Portland to Durham, communities are coming together to resist unwarranted government surveillance. Through our
About Face campaign and with our
EFA allies, we’ll continue the fight for stronger protections. If your group wants to help end face surveillance, please
add your name to the About Face petition and consider
joining the Alliance.
