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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Cowichan Valley writer Jennifer Manuel will headlining YakFest on March 1. (SUBMITTED PHOTO)
Cowichan Valley writer to headline next YakFest on March 1

YakFest is a B.C.-based monthly women’s event held online via Zoom

A boat caught fire in Ladysmith Harbour early on Saturday, Feb. 27. (Photo submitted)
Search underway for missing woman after boat catches fire in Ladysmith harbour

A large boat caught fire on the morning of Saturday, Feb. 27

Tim Schewe
DriveSmart: Police Powers

By Tim Schewe If you are stopped by the police, just what… Continue reading

A COVID-19 exposure has been reported at Drinkwater Elementary School dating to Feb. 25. (Google Street View image)
COVID-19 exposure reported at Drinkwater Elementary

Possible exposures occurred on Thursday, Feb. 25

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. The federal state of Rhineland-Palatinate, start with the vaccination of police officers in internal police vaccination centers. (Andreas Arnold/dpa via AP)
B.C. officials to unveil new details of COVID vaccination plan Monday

Seniors and health-care workers who haven’t gotten their shot are next on the list

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

Lone orca from a pod that made its way north from Georgia Strait and into Discovery Passage on Saturday, Feb. 27, 2021. Photo by Ella Smiley/<a href="https://www.facebook.com/Comoxvalleywildlifesightings/?ref=page_internal" target="_blank">Comox Valley Wildlife Sightings </a>
Island wildlife viewers thrilled by close view of passing Orca pod

Group gives wildlife photographers a classic opportunity to view them off Campbell River shoreline

An investigation is underway after a man was shot and killed by Tofino RCMP in Opitsaht. (Black Press Media file photo)
Man shot and killed by RCMP near Tofino, police watchdog investigating

Investigation underway by Independent Investigations Office of British Columbia.

B.C. Supreme Court in Vancouver on Tuesday December 11, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C.’s compromise on in-person worship at three churches called ‘absolutely unacceptable’

Would allow outdoor services of 25 or less by Langley, Abbotsford and Chilliwack churches

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Most Read