Retailers warned against displaying images of suspected shoplifters

Some Auckland business owners are displaying CCTV images of suspected shoplifters in stores or posting them on social media in a bid to identify suspects or deter theft.

Such displays can typically be found in Asian retail outlets dotted around the city.

However, the Privacy Commissioner and other experts say displaying such images carries significant privacy risks and potential serious harm, particularly if children or young people are involved.

The Office of the Privacy Commissioner said displaying CCTV images of suspected shoplifters inside stores or in shop windows where they could be seen by the public - colloquially called a "wall of shame" - could create privacy risks and breach the Privacy Act.

Under the Privacy Act, agencies are entitled to collect personal information that is necessary for a purpose connected with their functions or activities.

The law also generally restricts the disclosure of personal information, including a person's image, unless an exception applies.

The act also sets out principles governing how personal information may be collected, used and disclosed.

These principles include taking reasonable steps to ensure information is accurate before it is shared and imposing limits on the public display of images of people suspected of shoplifting.

The Privacy Commissioner said retailers might believe they had identified someone who had committed an offence, but there was always a risk they were mistaken.

Publishing or sharing CCTV footage without taking reasonable steps to verify its accuracy can cause serious embarrassment, emotional distress and reputational harm to the person shown.

"Good questions businesses can ask before displaying someone's image are: Do you know who it is? Do you have their permission? Are they identifiable? Is it fair to post it? Will it embarrass or hurt them?" the commissioner said.

The consequences can be especially serious for children and young people, the commissioner said.

"There can also be tikanga Māori considerations, which can be significant and sensitive for Māori because of the tapu, or restrictions, concerning the human body and images, including tā moko, mataora or moko kauae," the commissioner said.

"It's important that businesses stop and think before posting someone's image and making a claim about them," the commissioner said.

"This can also have serious reputational consequences for the business posting the allegation."

The Privacy Commissioner also warned retailers and other businesses to be cautious about posting CCTV images of suspected shoplifters on social media, where they can be viewed, copied and shared by a much wider audience, increasing the risk of harm.

The commissioner said retailers could provide relevant information and footage from the incident to police if they believed someone had committed a crime.

Matthew Tierney, manager of the National Retail Investigation Support Unit at New Zealand Police, also said retailers should report shoplifting incidents to police if they believed they had been victims of crime.

"You can assist us finding (out) who that offender is by giving us the best-quality image of that individual that we can compare against our known databases," Tierney said.

He said displaying a person's name or image in a store could increase the risk of aggression or violence toward the business.

Tierney said posting CCTV images or footage of suspected offenders in stores was unlikely to help police investigations.

"They're unlikely to achieve much by putting a person's face and name out into the public," he said.

"It's on the police to prove that charge and prove that the person committed the offence."

Robert Stewart KC, a defamation and media lawyer, also warned of the legal risks retailers could face if they published an identifiable CCTV image of someone and stated or implied the person was responsible for theft before they had been charged or convicted.

"If the allegation is that the person has stolen goods, the imputation is that the person has committed the offence of theft," Stewart said.

"If the person is not charged, or is charged but subsequently acquitted, then there is a defamation risk for the retailer."

Stewart said retailers should be especially cautious about posting CCTV images on social media, where allegations could spread quickly to a large audience.

In defamation cases, he said, damages could be influenced by how widely a defamatory statement had been circulated.

"Displaying images in store is also dangerous if based solely on suspicion, rather than facts," Stewart said.

"If certain facts are relied on for that suspicion, you need to be able to prove those facts."