Source: Privacy Commissioner
Retail crime is a serious issue. The Privacy Commissioner has been engaging with retailers, who paint a grim picture of the challenges they currently face with threats to staff and customers, and persistent shoplifting.
The Privacy Act means that businesses can report retail crime to the Police. But a word of caution; businesses sharing photos online or on a public wall of shame might think it’s a quicker way to catch possible shoplifters, or a useful deterrent, but it’s a blunt tool that can cause real harm and potentially break the law, the Privacy Commissioner warns.
“We’ve almost become immune to shared grainy CCTV images and their associated accusations, but that doesn’t mean it’s a good or legal thing to do, says Privacy Commissioner Michael Webster.
It’s a human reaction to see if you recognise someone shown to try and “solve the case.” In a country the size of New Zealand, it might be easy to know or think you know the person and to judge them as a result, even if they’re totally innocent.
“My Office has seen past examples where real hurt was caused through people having their image wrongly linked to a crime or an allegation of a crime. This can cause emotional harm and potentially put them at risk of a strong reaction including public shaming and violence,” said Mr Webster.
“The Privacy Act protects people’s personal information, which includes their image. It seems that the practice of creating a ‘wall of shame’ is something New Zealand businesses need to be reminded has legal consequences.
“I understand the need to address retail crime and that business is hurting but this method, which also includes appealing on social media sites, isn’t the answer”.
The Privacy Act provides clear principles for how personal information, such as an image of a person, can be collected, used, or disclosed. That includes taking reasonable steps to ensure personal information is correct before sharing it, and with limits on the public sharing of images of suspected shoplifters.
“Good questions businesses can ask before displaying someone’s image are, do you know who it is, have you got their permission, are they identifiable, is it fair to post it, will it embarrass or hurt them?”
“It’s not okay for people to be publicly shamed; it’s hurtful and a breach of their privacy. The impact on people can be huge, with children and young people especially at risk. There can also be tikanga Māori considerations, which can be significant and sensitive for Māori because of the tapu (restrictions) concerning the human body and images, including tā moko, mataora or moko kauae.
“It’s important that businesses stop and think before posting someone’s image and making a claim about them.
This can also have serious reputational consequences for the business posting the allegation,” says the Commissioner.
OPC has developed some guidance for retailers on displaying people’s photos in store and sharing these images on social media.
