Wellington, New Zealand – Images of individuals accused of shoplifting or other crimes frequently circulate on social media, igniting debates about community justice and personal privacy. Though these posts may seem to serve as warnings or attempts to protect local businesses, they carry significant legal implications for those who share them.
The Office of the Privacy Commissioner (OPC) in New Zealand has noted an uptick in complaints regarding online public shaming. A spokesperson for the agency emphasized that sharing a photograph with the intention of causing embarrassment or harm is likely a violation of the Privacy Act 2020. Instead of turning to social media, individuals who suspect a crime should report their concerns to law enforcement.
The Privacy Act lays out stringent guidelines for collecting and sharing personal information, particularly regarding images of individuals. Three essential principles to consider include the obligation to ensure accuracy before sharing (IPP 8), adherence to the purpose for which information was collected (IPP 10), and the limits on disclosing information without a valid reason (IPP 11).
A notable case involved a clothing store manager who posted CCTV images of a teenage girl on Facebook, accusing her of participating in a theft with friends. This post appeared on a local “Wall of Shame” page, suggesting that all pictured individuals were culpable, despite only two being officially charged. The young girl, who cooperated with authorities and faced no charges herself, suffered significant mental and physical distress within her close-knit community due to the post.
The Privacy Commissioner concluded that the store breached the Privacy Act by using the girl’s image for purposes other than security and disclosing her information without appropriate justification. Although the girl’s name was not mentioned, the image made her easily identifiable, and the post’s intent was deemed more about humiliation than protection.
While the Privacy Act directly applies to government entities and agencies, it can extend to individual actions if the handling of personal information is deemed “highly offensive.” The OPC reminded the public that even if a post does not technically breach the Privacy Act, there can still be repercussions. The Harmful Digital Communications Act addresses harmful online behaviors, including cyberbullying and unauthorized sharing of personal information.
The OPC spokesperson cautioned that the consequences of sharing someone else’s image can impact both the individual being posted about and the poster. Individuals are encouraged to respect their own privacy rights and consider the implications of their online actions. “If you find your image shared inappropriately, there are steps you can take to have it removed,” they stated.
As social media platforms continue to play a significant role in community discourse, the importance of navigating privacy laws and ethical considerations remains critical. Individuals are urged to think carefully before sharing sensitive content that could harm others.
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