Naming and shaming shoplifters with CCTV footage – legal?

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In an attempt to crack down on shoplifters, a UK storeowner has begun posting CCTV images of suspected thieves on the company's website, along with the incentive of a 500 pound (€580) reward for those who successfully identify thieves. On Saturday, the scheme claimed its first victim. But is it legal?

Early last month directors at Home Bargains discount shopping chain, which operates 190 stores in the United Kingdom, gave instructions to their managers to begin sticking up posters in shop fronts, displaying CCTV images of suspected shoplifters. A few weeks later, an online version of the anti-theft campaign was launched. A page entitled "Crimebusters" was added to the company's website, and eight purported thieves were named and shamed. Just three weeks after the launch, and one of them, whose image has since been removed, was arrested at the weekend.

Home Bargains, which raked in £384m (€446m) in annual revenues last year, says that six million (€6.9m), or the equivalent of 1.5% of revenue, is lost to shoplifting. Operations director Joe Morris says that the new scheme is the store's only way of countering the problem. He assures that the police are aware of and cooperating with the work, and that your mugshot will only go up on the site if the company is "very confident" that you stole from them.

Contributors

Identify the following faces and win £500!

These are some of the images currently posted on Home Bargain's "Crimebusters" page. We've blurred the faces of the accused, but on the website, they're clearly displayed.

19 July, Old Swan, Liverpool (north-west).

26 June, Bletchley, Milton Keynes (centre).

12 July, Everton, Liverpool (north-west).

“Practicing this kind of ‘private justice’, could be both dangerous to them and a breach of the legal rights of their customers”

Bruno Anatrella is a Paris-based lawyer specialised in image and privacy rights.

CCTV is legal if the shopper is made aware that they are being filmed. That's why you see the ‘Smile, you're on CCTV' sticker on shop doors. However, it's when those recorded images are shown to the public that the shop owner can risk infringing on the rights of people identified. These people could either sue for defamation or for impeding the right to a fair trial.

However, if the people concerned have indeed committed a crime, then it's unlikely that they will attempt to sue the company for impeding a fair trial or defamation because in doing so they would be revealing their identity to the company, and therefore risk being sued by it for the crime which they committed. However, despite this apparent safety net to shop owners, taking a risk by practicing this kind of ‘private justice', could be both dangerous to them and a breach of the legal rights of their customers."

Bruno Anatrella's picture

Bruno Anatrella

  • France
  • Privacy lawyer

Comments

What steps will they take?

If the offences listed on home bargains website really happened then the use of CCTV in this way merely shows that CCTV does not prevent crime. But clearly this use of CCTV images goes further and seeks to undermine the criminal justice system. Allowing shops to publish "wanted" posters is a worrying new use of surveillance technology. If you want to make out the offence of theft or shoplifting then you need more than just a picture of someone you claim has committed the offence. Ideally you need to catch them walking out of the shop with a piece of your property they have intentionally not paid for. Their actual possession of your property is crucial - without this there is no offence. What steps will they take to put right defamation of innocent people whom they suspect?

Home Bargains say they have spent a lot of money on CCTV, clearly this money would have been better used to offset the amount they claim to have lost as a result of shoplifiting.

Unregistered user

Name and shame the criminal

Again, the "rights" of the criminal safeguarded. If you go down the road of theft then you deserve all you get. As I see it you don't have any rights if you follow a life of crime.

Unregistered user

did you actually read the

did you actually read the post steve? It's about a right to a fair trial. They can't prove you've stolen anything with this CCTV. I really hope they think you're theiving and post your photo on the internet, and the jury see it and therefore decide you're guilty. Then let's see how good an idea you think it is.

Unregistered user

We have just implemented

We have just implemented this system in our shop. We can prove they stole the goods, it is clear as day on the CCTV. So screw the thieves, if they mess with us, then we will mess with them.
BTW if there was such a problem with Human Rights issues, then the BBC would be in serious trouble - they show pictures of wanted criminals on Crimewatch all the time and they have not had a trial and also people who are printed in newspapers. So enough of this human rights rubbish it does not apply here as Crimewatch shows.

Unregistered user