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Shop cctv

  • 08-02-2015 10:16am
    #1
    Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭


    Just looking at the Sunday papers and on the front page of one of them are pictures from various CCTV systems of a female buying a load of newspapers.

    Not interested in the story within, but surely the shops in question are leaving themselves wide open to legal proceedings even perhaps a visit from the data protection agency.

    I would have believed that if I shop in any shop with CCTV that my image would not be plastered all over a Sunday newspaper when I have committed no illegal activity.


Comments

  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    Shelflife wrote: »
    Just looking at the Sunday papers and on the front page of one of them are pictures from various CCTV systems of a female buying a load of newspapers.

    Not interested in the story within, but surely the shops in question are leaving themselves wide open to legal proceedings even perhaps a visit from the data protection agency.

    I would have believed that if I shop in any shop with CCTV that my image would not be plastered all over a Sunday newspaper when I have committed no illegal activity.

    You're in a public place and therefore have no expectation of privacy.

    If that logic was correct, then how could a paper show crowd shots from, for example, yesterday's rugby internationals?


  • Moderators, Society & Culture Moderators Posts: 9,769 Mod ✭✭✭✭Manach


    Agreeing with Jawgap however some context. In some jurisdictions like U.K. there is a press code of content that restrict coverage for certain categories like children. As well AFAIR the use any material must be factual ie there was a case where an individual was misrepresented in the footage. This was appealed to the DPC and found to be a breach of his rights.


  • Registered Users, Registered Users 2 Posts: 3,077 ✭✭✭Shelflife


    Interesting, I understand that going to a public event that pictures can be taken, and usually this would be part of the T&Cs of purchasing a ticket.

    I would have thought though that going into a shop and going about your private business that the shop would not be entitled to sell your image without your permission.

    The images are collected with the intention of providing security for the retail outlet, not to sell to the highest bidder.Surely there is a data protection issue here.


  • Closed Accounts Posts: 20,297 ✭✭✭✭Jawgap


    Shelflife wrote: »
    Interesting, I understand that going to a public event that pictures can be taken, and usually this would be part of the T&Cs of purchasing a ticket.

    I would have thought though that going into a shop and going about your private business that the shop would not be entitled to sell your image without your permission.

    The images are collected with the intention of providing security for the retail outlet, not to sell to the highest bidder.Surely there is a data protection issue here.

    Not really. You are in a place to which the public normally has admission (the shop) therefore reasonably there is no expectation of privacy.

    Again, if you attend a sporting event and are caught in a crowd scene or even as an individual fan celebrating, for example, there's no data protection issue, even if the photographer, as is often the case, has purchased the right to be in the stadium and take photos.

    The situation changes if you have 'image rights' you want to protect or monetise.


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    There may be a data protection issue, as, if the footage is personal data then it is being used for a purpose other than that for which it was collected and processed, which is a contravention of the Data Protection Acts.

    I believe the Data Protection Commissioner is of the view that CCTV images are personal data, though I'm not entirely convinced.


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  • Registered Users, Registered Users 2 Posts: 24,449 ✭✭✭✭One eyed Jack


    234 wrote: »
    There may be a data protection issue, as, if the footage is personal data then it is being used for a purpose other than that for which it was collected and processed, which is a contravention of the Data Protection Acts.

    I believe the Data Protection Commissioner is of the view that CCTV images are personal data, though I'm not entirely convinced.


    I think you're correct. If I'm not mistaken, there was a case in the media a few months back where a person who was the victim of a burglary put the perpetrators image up on the internet and was contacted by the DPC to take it down as it was considered an invasion of the individuals right to privacy!

    No doubt the newspaper in question has themselves well covered from a legal point of view though. They ran an exposé story on the individual in question in a previous edition, and the photo on the paper this morning was one of her buying up all the papers in the shop!


    EDIT: A quick google turned up this:


    http://www.irelandip.com/2014/12/articles/privacy-1/cjeu-restricts-use-of-cctv-surveillance-for-domestic-purposes/


    http://m.independent.ie/business/technology/crime-victim-faces-fine-of-100000-over-cctv-website-30005589.html


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    Jawgap wrote: »
    You're in a public place and therefore have no expectation of privacy.

    If that logic was correct, then how could a paper show crowd shots from, for example, yesterday's rugby internationals?

    No, the cctv is being collected for security purposes in a private premises. It can only be used for that purpose.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    That person can complain to the data protectioners but they are virtually toothless.


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