Status: Enacted — Revised statutory framework takes effect July 1, 2026, replacing the prior versions of Va. Code § 23.1-815.1 (campus police) and § 15.2-1723.2 (local police).
Statutes: Virginia Code § 23.1-815.1 (Facial recognition technology; approval; penalty — campus police) and Virginia Code § 15.2-1723.2 (Facial recognition technology; approval — local law enforcement)
Jurisdiction: Virginia
Category: Facial Recognition, Biometric Surveillance, Campus Safety, Law Enforcement Technology
Industries: Higher Education, State and Local Government, Law Enforcement
Enacted Date: Codified statute — revised provisions effective July 1, 2026
Effective Date: July 1, 2026
Summary: Virginia’s amended facial recognition framework draws a clear line between authorized investigative use of facial recognition by campus and local police and a list of prohibited uses that capture the most privacy-invasive deployments. Campus police departments and local law enforcement may continue to use facial recognition for narrowly defined authorized purposes, but the statutes establish meaningful operational guardrails that physical security and campus safety leaders need to understand when designing video surveillance and analytics programs in Virginia.
Prohibited Uses (both statutes):
- Using facial recognition technology to track the movements of an identified individual in a public space in real time.
- Creating a database of images using a live video feed for the purpose of using facial recognition technology.
- Enrolling a comparison image in a commercial image repository of a facial recognition technology service provider, except pursuant to an authorized use.
Evidentiary Limits: A match made through facial recognition technology shall not be included in an affidavit to establish probable cause for purposes of issuance of a search warrant or an arrest warrant. A match remains admissible as exculpatory evidence.
Procurement Notice: A campus police department must provide written notice to the institution of higher education it serves at least 30 days prior to procuring facial recognition technology.
Penalty: A facial recognition technology operator who commits a second or subsequent violation is guilty of a Class 1 misdemeanor.
Affected Entities: Public and private institutions of higher education in Virginia with campus police departments, local law enforcement agencies, and any facial recognition technology vendor serving Virginia campuses or municipalities.
IntelliSee Relevance: High — IntelliSee’s platform does not perform facial recognition. Our AI focuses on behavioral and object detection (weapons, falls, aggressive behavior, unauthorized access) rather than biometric identification of individuals. For Virginia higher-ed and municipal security stakeholders, this matters: a video analytics layer that does not implicate § 23.1-815.1 or § 15.2-1723.2 lets institutions improve real-time threat detection and incident documentation without triggering the new statutory restrictions, evidentiary limits, or procurement notice obligations associated with facial recognition deployments. Buyers evaluating campus security AI should distinguish carefully between facial recognition (regulated) and non-biometric behavior/object detection (not regulated under these statutes).
Compliance Timeline
- July 1, 2026 — Revised provisions of § 23.1-815.1 and § 15.2-1723.2 take effect.
- Ongoing — Institutions must complete the 30-day pre-procurement notice to the parent higher-education institution before acquiring new facial recognition capability.
Related Legislation
- Colorado School Facial Recognition Authorization (SB25-143, 2025)
- California Data Broker Disclosure Expansion (SB 361, 2026)
- Alabama Personal Data Protection Act (HB 351, 2026)
- Virginia Hospital Security Requirements (HB 2269 / SB 1260)
Statute text: Va. Code § 23.1-815.1 (campus police) | Va. Code § 15.2-1723.2 (local police)