ORDINANCE BANNING FACE SURVEILLANCE TECHNOLOGY LEGAL NOTICE MEDFORD CITY CLERK’S OFFICE NOTICE OF A PUBLIC HEARING MEDFORD CITY COUNCIL   A public Hearing will be held by the Medford City Council in the Howard F. Alden Memorial Auditorium, City Hall, 85 George P. Hassett Drive, Medford, MA, on Tuesday March 24, 2026 at 7:00 p.m., a Zoom link to be posted no later than Friday, March 20, 2026 The purpose of the hearing will be to vote on the below ordinance for third reading and adoption.   26-019 SECTION 50, ARTICLE IV ORDINANCE BANNING FACE SURVEILLANCE TECHNOLOGY SECTION 50-83. - Definitions   For the purposes of this ordinance: (A) “Face surveillance” or “facial recognition” shall mean an automated or semi-automated process that assists in identifying or verifying an individual or analyzing or capturing information about an individual based on the physical characteristics of an individual’s face, head or body, or that uses characteristics of an individual’s face, head or body to derive information about the associations, activities or location of an individual; provided, however, that “facial recognition” shall not include the use of search terms to sort images in a database.   (B) “Face surveillance system” shall mean any computer software or application that performs face surveillance or facial recognition.   (C) Medford shall mean any department, agency, bureau, and/or subordinate division of the City of Medford.   (D) “Medford official” shall mean any person or entity acting on behalf of the City of Medford, including any officer, employee, agent, contractor, subcontractor, or vendor.   SECTION 50-84. - Ban on City of Medford Use of Face Surveillance   (A) It shall be unlawful for Medford or any Medford official to:   1. obtain, retain, possess, access, or use (1) any face surveillance system, or (2) information derived from a face surveillance system;   2. enter into an agreement with any third party for the purpose of obtaining, retaining, possessing, accessing, or using, by or on behalf of Medford or any Medford official any face surveillance system; or   3. issue any permit or enter into any other agreement that authorizes any third party, on behalf of Medford or any Medford official, to obtain, retain, possess, access, or use (1) any face surveillance system, or (2) information derived from a face surveillance system   (B) Nothing in (a) shall prohibit the Medford Police Department from requesting Page 10 of 14 facial recognition searches in accordance with Section 220 of Chapter 6 of the Massachusetts General Laws, as amended, restated, supplemented or otherwise modified from time to time.   (C) Nothing in (A) shall prohibit Medford or any Medford official from:   1. obtaining or possessing (1) an electronic device, such as a cell phone or computer, for evidentiary purposes, or (2) an electronic device, such as a cell phone or tablet, that performs facial recognition for the sole purpose of user authentication;   2. using facial recognition on an electronic device, such as a cell phone or tablet, owned by Medford or any Medford official, for the sole purpose of user authentication;   3. using social media or communications software or applications for communicating with the public, provided such use does not include the affirmative use of any facial recognition; or   4. using automated redaction software, provided such software does not have the capability of performing facial recognition.   SECTION 50-85. - Enforcement   (A) Facial recognition data collected or derived in violation of this ordinance shall be considered unlawfully obtained.   (B) No data collected or derived from any use of facial recognition in violation of this ordinance and no evidence derived therefrom may be received in evidence in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or authority subject to the jurisdiction of the City of Medford, except when it is used to investigate or discipline someone for a suspected violation of this ordinance.   (C) Any violation of this ordinance constitutes an injury, and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this ordinance.   1. An action instituted under this paragraph shall be brought against the respective Medford department, and the City of Medford and, if necessary, effectuate compliance with this ordinance, any other governmental agency with possession, custody, or control of data subject to this ordinance. Page 11 of 14 a. A court shall award costs and reasonable attorneys’ fees for a plaintiff who is the prevailing party in such proceeding.   2. Violations of this ordinance by a Medford employee shall result in consequences that may include retraining, suspension, or termination, subject to due process requirements and provisions of collective bargaining agreements.   3. Nothing in this section shall be construed to limit any individual’s rights under state or federal law.   SECTION 50-86. - Severability   If any provision of this ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.   SECTION 50-87. - Effective Date The provisions of this ordinance shall be effective immediately upon passage.   AD#12139223 Transcript & Journal 3/12, 3/19/2026