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

Tour recognizes Prince Rupert’s rich labour history

Epic story of the Battle of Kelly’s Cut put Rupert on the labour radar

Rio Tinto responds to U.S. aluminum import tariffs

The tariffs were imposed by President Donald Trump Aug. 6

Coastal GasLink breaks ground on meter station in Kitimat

Meter station marks final point on pipeline that stretches from Northeast B.C.

Oily rain runoff down the drain causes concern for Prince Rupert residents

Immediate action taken to alleviate any concerns, road paving contractor said.

B.C. fish harvesters receive long-awaited details on pandemic benefits

Applications to the $470-million federal assistance programs will open Aug. 24

Canada to match donations to Lebanon relief

Canada is directing all of its aid for this crisis directly to humanitarian organizations, not the Lebanese government

Who can dismiss the Governor General? A look at protocols and possibilities

The Governor General is appointed by the Queen, on the advice of the prime minister

Second phase of NHL draft lottery set for Monday

Each club eliminated from qualifying round has a 12.5 per cent shot at the No. 1 pick

University of Victoria, rowing coach sued over alleged ‘fat shaming’ and verbal abuse

Lawsuit says Barney Williams subjected coxswain Lily Copeland to offensive and belittling language

1 year since a B.C. teen died in a skate park, his family still waiting for charges

Carson Crimeni’s final moments were broadcast on social media

NHL playoffs: Canucks to meet St. Louis Blues in Round 1

Vancouver takes on defending champs beginning Wednesday

Simon Cowell breaks his back falling from electric bike

Incident happened at his home in California

VIDEO: Internet famous Yukon-based bhangra dancer explores Vancouver Island

Gurdeep Pandher spreads joy through dance, forms cross-cultural connections amid pandemic

Unofficial holidays: the weird and wonderful things people celebrate around the world

On any given day of the year, there are several strange, silly or serious holidays to observe

Most Read