Questions raised over retailers who shame shoplifters with photos

Questions raised over retailers who shame shoplifters with photos

Alleged theft from a sex shop in Newfoundland led to posts on social media

A Newfoundland sex store’s social-media shaming of an alleged shoplifter has raised ethical questions around retailers who display security footage in a bid to catch thieves.

Provincial privacy commissioner Donovan Molloy has reportedly encouraged businesses to take such footage to police, rather than share images of people who have not been found guilty of a crime.

A downtown adult shop in St. John’s, N.L., shared images of a woman on social media this week, requesting the public’s help in identifying her.

“A Christmas dildo bandit has struck, Harry & Marv style, and we need your help to identify this sticky bandit,” the post read.

“The individual pictured decided to help herself to some of our Christmas toys, and we need your help to find her!”

The post was later updated saying the woman had been identified, but the photos had quickly spread with commenters poking fun at the alleged thief’s appearance and the humorous nature of the stolen object.

RELATED: Police in Ontario resort to ‘naming and shaming’ drunk drivers

The episode raised questions about the ethics and legality of sharing photos from security footage that implicate people in crimes.

Molloy gave several media interviews commenting on the practice, saying retailers who post footage to catch suspected thieves are sharing information in a way that conflicts with federal law, and that it often does more harm than good.

A spokesperson from Molloy’s office told The Canadian Press on Friday he was no longer taking media interviews on the topic because the issue falls under federal and not provincial jurisdiction.

In order for there to be legal consequences for public shaming through security footage, someone would have to complain to the office of the Privacy Commissioner of Canada.

A spokesperson said in an email that the office has received “a handful” of such complaints over the last few years, including one case study posted to the commissioner’s website.

In 2015, an unidentified store stopped posting bulletin board pictures of suspected shoplifters after the commissioner found the practice “not permissible” under the federal Personal Information Protection and Electronic Documents Act, according to the commissioner’s web site.

“The major lesson learned here is that publicly displaying, without consent, photographs of individuals recorded on a business’ video surveillance system for the purposes of identifying alleged shoplifters is not permissible under PIPEDA,” the email read.

Privacy lawyer David Fraser said Friday reasonable, ethical judgement should be used in these cases, especially online where images can spread quickly.

Even if a retailer could argue they disclosed footage for a reasonable purpose, the nature of the acts captured on camera could have unintended negative effects on the person once they spread online.

“If you have a store that exclusively sells adult products that shows someone sneaking away with a sex toy, I can certainly see that there is a potential element of stigmatization and shaming,” Fraser said from Halifax.

Fraser said taking footage to law enforcement is probably legally safer than posting it online, so Crime Stoppers or police can consider whether sharing the image would actually advance an investigation.

“I’m not sure necessarily that a mad merchant, an upset merchant is best placed to make that judgement call because they may have more emotional investment in it than police would,” he said. “Best to leave it to the police to make that call.”

RELATED: Privacy lawyer warns against victim blaming in recent sextortion scams

But Fraser pointed out police can also get caught up in the grey area.

A woman recently sued the Ottawa Police Services Board and Ottawa Capital Area Crime Stoppers for defamation and negligence over shared mall security footage alleging she “stole” a purse when she had actually walked off-camera and taken it to a lost and found.

This included a video posted online showing the woman’s face with the caption “Ottawa: Purse Snatching in Downtown Mall.”

The woman told Crime Stoppers she was seeking compensation after the “traumatic experience” tarnished her reputation and resulted in a suspension at her workplace.

Fraser said it’s also important to consider the unseen possible motives for a theft, like someone with little income unable to afford food or someone struggling to overcome an addiction, before posting footage online that could follow a person into their future.

“Even if we don’t have a whole lot of sympathy for the person at the time, we need to remember the essential humanity of people,” Fraser said.

“While there is a societal interest in finding people who commit crimes, that person is still a person, and should that theft be on the internet five years from now or 10 years from now?”

Holly McKenzie-Sutter, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

A 30x40 ft boat/car shop in the Little River area near Wilkinson Road was fully involved by the time firefighters arrived on scene. Photo by Comox Fire Rescue
Comox firefighters battle ‘showy’ shop fire Saturday night

Smoke could be seen throughout the Comox Valley

ROAM Media’s Ian Adams designed the label for the new honey ale. Image supplied
Church St., Ace combine on a true Comox Valley brew

The taphouse has Home Buoy on tap, and it’s also in cans

The finish line! Huband held a ‘Colour Run’ Friday to celebrate what’s been a different school year. Photo by Mike Chouinard
Comox Valley school lets its colours run

Huband Elementary wanted a way to bring kids together

Cumberland has agreed to a sponsorship agreement with the Comox Valley Chamber of Commerce. Photo by Mike Chouinard
Cumberland agrees to sponsorship with Comox Valley Chamber of Commerce

Some on council did express concerns from the past such as amalgamation push

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Kelowna-Lake Country MLA Norm Letnick, assistant deputy speaker at the B.C. legislature, presides over committee discussions. The legislature is completing its delayed spring session this week, with most MLAs participating by video conference. (Hansard TV)
B.C.’s daily COVID-19 infections dip below 100 over weekend

Only 68 new cases recorded Monday, four additional deaths

Gabriola Island artist Sheila Norgate is promoting the Digital Innovation Group’s art impact survey. (File photo)
Vancouver Island artists get behind regional arts impact study

Artists urged to use their stature to help put arts and culture super-region on the map

The BC Ferries website went down for a short while Monday morning following a provincial announcement that recreational travel between health authorities can resume Tuesday. (Black Press Media file photo)
BC Ferries’ website crashes in wake of provincial reopening announcement

Website back up now, recreational travel between health regions to resume as of Tuesday

Neighbours fight a small late-night bush fire with garden hoses and shovels in Cinnabar Valley on June 5. They couldn’t get help from local fire services because the fire was located in an area under B.C. Wildfire Services jurisdiction. (Photo courtesy Muriel Wells)
Neighbours on edge of Nanaimo city limits left to put out bush fire themselves

Cinnabar Valley residents tackle fire with hoses and buckets for two and a half hours

Darren Campbell’s truck (pictured) was stolen when he stopped to check on a car in a ditch on Cowichan Bay Road on Monday morning. (Facebook photo)
Vancouver Island Good Samaritan’s truck stolen in nasty trick

‘Try to be a Good Samaritan and my $20,000 truck gets stolen right under my nose’

The Kamloops Indian Residential School is photographed using a drone in Kamloops, B.C., Monday, June, 14, 2021. The remains of 215 children were discovered buried near the former school earlier this month. THE CANADIAN PRESS/Jonathan Hayward
Communities grapple with what to do with former residential and day schools

Some tear them down as a tool to help healing, others repurpose them as tools for moving forward

Creative handmade signs abound at the June 13 Tofino rally for old growth trees. (Nora O’Malley photo)
VIDEO: Tofino stands in solidarity for Fairy Creek Blockades

Over 150 supporters attend rally hosted by Friends of Clayoquot Sound

Most Read