We have a shop keepers whatsapp group to alert other shops when shop lifters are around. We share CCTV pictures so we can recognise the culprits.
With all the data protection laws are we ok to share pictures in a closed group? What happens if the pictures are shared outside of the group?
There's a publc interest exception iirc, which I would hope would cover it.
IANAL but presumably you have a sign up to say we have CCTV for crime prevention/detection purposes and a DOA registration at the ICO for it and I expect that this would fall within that use
What happens if the pictures are shared outside of the group?
In reality, nothing.
According to STW amateur lawyers, you'll be stoned to death.
are we ok to share pictures in a closed group?
i would have thought anything goes with a closed group as (hopefully) nobody will see it in the public domain. some of the stuff i get sent in our whatsapp groups would make yer hair curl.
shared outside of the closed group would be a totally different matter id expect tho.
of the stuff i get sent in our whatsapp groups would make yer hair curl
Remember that the photos shared to your group, and so stored on your phone, can be treated the same as photos you have deliberately saved to your phone yourself. There have already been test cases. Ignorance of images found on your phone does not wash in court if they got there via a WhatsApp group that you have chosen to join and stay with. Carry on…
In the OP’s case… if you’re only using the photos for crime prevention, you’re going to be fine, surely?
I would have thought in a shop would be kinda public domain anyway.. No different to local papers or crime stoppers publishing videos and stills from cctv in shops?
The vast majority of the shops in big shopping centres share info on shoplifters, including mug shots pinned up in offices and staff rooms, so I would have thought you were fine. As long as you're not creating a public Rogue's Gallery that is.
Just don't tell anyone
Zippy - the place to ask would be your data protection officer (you do have one nominated right, and they are competent to advise on the rules that apply to you?)
There’s a publc interest exception iirc, which I would hope would cover it.
Public interest processing applies only to public bodies (ie government type orgs not shopkeeepers).
The Legitimate Interests of shopkeepers to protecting their business could be a legal basis for processing. Note there are conditions/restrictions that need balanced for legitimate interests processing, especially if any of the data subjects could be children. I think if you take footage from your cctv and are sharing that with others outside your control I’d expect to see a data protection impact assessment especially since you have already identified a possible route for information being misused.
As someone above said likely nothing major happens if you do this wrong - right up until someone shares something silly on your group - the couple getting amorous round the back of your shop, the lady who trips and ends up with her skirt over her head and knickers on display, (none of which could be justified to share on the above basis) or someone gets wrongly identified or perhaps five years later some teenager is upset his image is circulating somewhere.
It's an interesting question though.
Managers at work have a WhatsApp group on company phones. I could imagine a situation whereby someone gets into bother, it gets discussed by management in that group and then the employee concerned asks to see what electronic data the company holds about them.
Where's that picture of the can of worms that used to do the rounds on here?
The local PCSO is on the group so he will see any images posted. He brings round mugshots from the police station and we have to agree not to share them.
Just wondered how our group differed.
The main crime is people trying to pay with dodgy £50 notes. As soon as a flagged person comes in we can identify them , casually mention that we can't take £50 notes and off they go without confrontation.
Image sharing is ok. Just beware of WhatsApp’s tendency to dump every shared image into your own personal photos album* at which point it becomes a grey area.
Close family member ran foul of that - now has a conviction and is on the sex offenders register for life having had unwanted WhatsApp images shared by his rugby club group store themselves locally. Only handed his phone voluntarily to police so they could scan it after he himself was assaulted in a pub & 18mths later we have social services calling us to say he cannot be around our kids.
*you can disable this easily, but it’s on by default.
hot_fiat
Full Member
Image sharing is ok. Just beware of WhatsApp’s tendency to dump every shared image into your own personal photos album* at which point it becomes a grey area.Close family member ran foul of that – now has a conviction and is on the sex offenders register for life having had unwanted WhatsApp images shared by his rugby club group store themselves locally. Only handed his phone voluntarily to police so they could scan it after he himself was assaulted in a pub & 18mths later we have social services calling us to say he cannot be around our kids.
*you can disable this easily, but it’s on by default.
Posted 7 minutes ago
Just underlines the advice i was once given to never trust or voluntarily speak to the police.
I would have thought in a shop would be kinda public domain anyway.. No different to local papers or crime stoppers publishing videos and stills from cctv in shops?
I would have thought the bigger issue was liable?
If you're publishing their name and face in a group and the accusation wouldn't hold up in court then you could be in hot water that way?
IANAL
Close family member ran foul of that – now has a conviction and is on the sex offenders register for life having had unwanted WhatsApp images shared by his rugby club group store themselves locally. Only handed his phone voluntarily to police so they could scan it after he himself was assaulted in a pub & 18mths later we have social services calling us to say he cannot be around our kids.
To be honest, I used to work on 24hours In Police Custody back when it was more like the title (i.e. just the highlights of 24h In a custody suite) so we had the cameras rolling in the interview rooms all the time. The number of interviews that started off "can you explain these photos on your phone" was sickening.