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Portland’s private-sector facial recognition ban takes effect

Portland, Oregon now bans private entities from using face recognition technology in places of public accommodation.

Portland, Oregon’s ordinance banning private-sector use of face recognition technology in places of public accommodation takes effect today, making it the first US city to extend such a ban beyond government agencies.

Key points

  • Private entities may not use face recognition technology in places of public accommodation, such as shops, restaurants and hotels.
  • Limited exceptions apply, for example to unlock a user’s own device or where required to comply with law.
  • Individuals harmed by a breach have a private right of action.
  • The ban sits alongside a separate prohibition on use by city bureaus.

UK retailers, hospitality groups and technology providers with US operations need to check where biometric and facial recognition tools are deployed. The ordinance reflects growing scrutiny of live facial recognition, which the ICO also treats as high-risk processing.

Source: Portland City Code Chapter 34.10 (Portland.gov)

Need help understanding what this change means for your organisation? Get in touch for a pragmatic, no-obligation conversation.

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