WE CAN’T LET THE SPIES IN SHOPS GO UNPUNISHED
We’re all aware of some of the methods big shops employ to encourage us to part with more of our money. Whether it’s threefor-two offers encouraging us to put an extra pizza in our trolleys, or the temptation of a chocolate bar as we queue up to pay, stores have a good idea of when to encourage those impulse buys.
But that gentle persuasion can take on an invasive feel if shops go too far. The thought of being watched by hidden cameras as you make decisions on what to include in the family shop will make some people feel uncomfortable. And that’s before we even think about the suggestion that video footage could then appear online for anyone to see. I don’t expect to have to check whether I’m being watched by secret cameras when I’m deciding what cheese to buy, or picking between easy or healthy lunch options.
Fortunately, it isn’t up to shoppers to act to stop this.
The UK has clear laws that cover activities like this. Filming people in a shop means recording their personal data. And there are clear laws that organisations must follow if they want to gather or use people’s personal data. There’s a general expectation that people will be told if their data is being collected, as well as being given a clear explanation of what it will be used for. And people will usually be able to object to that information being collected.
This isn’t about the technology itself. CCTV cameras are an accepted part of modern life, and be an effective deterrent when used properly. But the key difference here is transparency. If a store if using CCTV for crime prevention purposes we expect to see clear signs letting us know the cameras are there, and what our rights are. But where are consumers left when filming is more opaque, or if their data is being used without them knowing?
Pulling back the curtain on this type of hidden data collection is an important part of my role as Information Commissioner. My office is independent of government, and has strong powers to investigate and enforce where we don’t see the law being followed.
That isn’t limited to cameras in a supermarket. More and more of our modern lives involves leaving a digital trail of personal data. That comes with a raft of benefits – innovations that rely on data help us to measure our heart rate to stay fit, keep in touch with friends and family the other side of the world, or have the latest TV drama recommended to us. Personal data is integral to how society conducts its business.
But advances in technology should not mean organisations racing ahead of people’s rights. We should be the ones in control of our data, and the onus is on organisations to demonstrate how they are allowing us to do that. That’s what the General Data Protection regulation – a new data law brought in from May last year – made clear.
It gave us all stronger rights. We have the right to know when an organisation is using our data, for instance. We have the right to ask to see all the data held about us, the right to take our data elsewhere, and the right to ask that an organisation stops using our data.
There are exceptions in the law, of course – a robbery suspect can’t ask the police to stop gathering information about them, for instance – but it adds up to a comprehensive set of rules that are essential in the modern world.
As the regulator of that law, my office acts when the law isn’t followed. We’ve issued fines to organisations who didn’t look after data, and ordered companies to delete information they shouldn’t have had.
Where technology uses your data without transparency, and in ways you don’t expect, we will act. Last year, for instance, we fined Facebook for allowing data they had collected to be used unexpectedly in political campaigning. Anyone can bring complaints to us where they suspect their data isn’t being treated fairly and lawfully.
Many organisations have taken the new rules on board, and are making a better job of explaining what they’re doing with data, and what people’s rights are.
BUTthere is still a very long way to go: a recent ICO survey found only a third of people had high trust and confidence in how organisations were storing and using their data. Mistrust like this reflects high-profile examples of organisations getting it wrong, particularly big brands failing to keep information secure or not paying due regard to the rules.
Which brings us back to those cameras in the supermarket. Filming like this raises a number of privacy concerns, and we’ll be looking into this, and acting if we suspect the law has been broken.
Whether people are buying apples or liking a social media post, they have a right to expect the law is being followed. My office is here to ensure that happens.