Supposedly Shoplifting

[kregrs]

A couple of hours ago, we had a phone call to say my partners son (age 13) had been caught shoplifting,

and could my partner attend the store.

 

So off she went, he had supposedly been caught on camera, with a group of friends who hadn't been detained.

 

My partner asked to see the footage, but this was refused, on the basis that the Police hadn't been called so she had no right to see it.

 

To cut the story short, he's been banned from the store (Co Op).

 

What we want to know, are we entitled to see the footage?

 

And should the security guard have taken my stepsons phone, which he then used to call my partner?

 

I accept what my stepson done was wrong, but those 2 points seem a little 'iffy' to me.

 

Thanks,

[Fox Morris]

You can make a formal request to see the CCTV footage under the Data Protection Act, but not if the footage has been passed over to the police as evidence to a crime.

 

If the store has agreed not to press charges then I would consider yourself lucky and rather than make a formal request, simply ask the manager for a copy to help you discipline your step son (say he is being awkward, denying it etc), and offer to pay the £10 the formal request would cost. If you act grateful, you'd be surprised how amenable these difficult types can become. You also don't know if the store manager is consider pressing charges; anything you do may sway the balance, so you need to be careful.

 

The other option would be to get one of the friends to make the request, assuming you can distinguish between the teens. But it may just come back blurred, so it may not be worth the money or the risk of it escalating the situation.

 

As for the security guard, I don't think that he followed the correct protocol. Correct protocol would have been to call the police, which may not have worked out so well for your step son, although I appreciate that it also may have proven his innocence. It's not something I would focus on as I think the guard thought he was genuinely doing the best thing for the store and your step son.

 

Good luck!

[kregrs]

 

 

But it may just come back blurred, so it may not be worth the money or the risk of it escalating the situation.

 

As for the security guard, I don't think that he followed the correct protocol. Correct protocol would have been to call the police, which may not have worked out so well for your step son, although I appreciate that it also may have proven his innocence. It's not something I would focus on as I think the guard thought he was genuinely doing the best thing for the store and your step son.

 

Good luck!

 

As he was caught on camera, ie, the guard noticed him via camera, then if it is blurred, surely that in itself would cause a problem? As in, he wouldn't be able to accurately identify my stepson and distinquish him from his friends, who had also been shoplifting but weren't caught. A request was made, to the manager and security guard, which was refused.

Edited April 6, 2013 by kregrs

[Fox Morris]

The identities of the other individuals need to be protected, so any footage will be purposefully censored/blurred. This could leave the footage you receive useless, even if the store's original footage is pretty damning.

 

The only way they can deny a formal request is if the data has been destroyed, or passed to the police. Strong arming them could mean they take the latter option, which is why you should really proceed with caution, unless that's what your step son really wants.

[Bombaymix]

Some fantastic advice from fox Morris.

 

Seriously... I'd let this go.

 

A good result and (hopefully) a lesson taught to your step son.

 

I've known security guards to call the police because of low value shop theft carried out by juveniles.

 

I think this particular security guard done the right thing tonight. Do you know if he asked your step son for his phone? Would your step son have willingly gave the security guard a phone number?

 

Fox Morris is correct about the CCTV footage. For data protection the security guard also acted correctly by NOT showing you the footage. If you did obtain the footage it would have to have all other persons identities blurred out.

 

Put this one to bed. I don't think the security guard (from what you describe) done anything wrong. If anything, he saved you a lot of hassle...

[dx100uk]

good post

 

chalk it up to experience

 

pers I agree

the security guard did right by you and called you.

 

better than getting the police involved.

 

dx

[assisted blonde]

Yes a ban from the store and a telling off from you quite lightly leave it well alone now.