Should shoplifters be named and shamed? Iceland thinks so

Iceland boss Richard Walker has called for laws to allow images of violent shoplifters to be shared on local WhatsApp groups.

Walker has criticised the current data protection laws, which don’t allow businesses to share images of shoplifters publicly. 

The Information Commissioner’s Office advised that images can only be shared if “necessary and proportionate”, but sharing images of alleged shoplifters – on both shop windows and social media – was not likely to be proportionate. 

But as shoplifting and violence against shop workers is on the rise, what can retailers legally do to protect their businesses and staff?

The rise in shoplifting and assault on staff

The number of shoplifting incidents in England and Wales has reached a 20-year high. The police recorded 443,995 offences in March 2024 – a 30% increase compared to the 342,428 incidents logged the previous year. However, just 431 shoplifters were given fixed penalty notices in March 2024 – a steep decrease of 98% from 19,419 10 years ago.

Meanwhile, violence and abuse against shop workers is increasing. The British Retail Consortium Report 2024 revealed that there were around 475,000 incidents (1,300 a day) in 2022-2023, a significant increase from 870 a day in 2021-2022. It also revealed that retailers spent £1.2 billion on measures including CCTV cameras, increased security staff and body cameras. 61% of respondents to its survey described the police response to these incidents as either poor or very poor.

It’s also been reported that many UK stores are purchasing goods from “professional shoplifters”. Businesses, particularly smaller stores, have been buying stolen items from Facebook and WhatsApp groups. The Association of Convenience Stores (ACS) stated that high-value items like meat, cheese and alcohol were targeted the most and that repeat offenders were stealing “to feed addiction problems”. 

Labour’s latest crime bill

The government announced a new crime bill in July 2024, targeting people who steal goods worth less than £200, while assaulting a shop worker will become a specific offence. The new policy will be a reversal of the 2014 legislation, in which “low value” thefts were subject to less serious punishment.

While this proposal can be good news for both large and smaller retailers, others have raised concerns about penalising people struggling to make ends meet, particularly during the cost of living crisis.

Dan White, Campaigns & Policy Officer for Disability Rights UK, said: “Thousands of people are still in poverty including disabled people and carers and they are still struggling to make ends meet due to the lowest benefits in Europe, low incomes, high energy costs, food inflation and rising rents and mortgages”, adding that some are “out of options to survive”.

“Labour politicians need to pause and understand the symptoms of why some people are resorting to desperate measures,” he added. “They need to focus on cause and effect, look at the root causes and tackle the deep inequalities within our society.”

What are the current data protection laws?

Current data protection laws in the UK enable retailers to share criminal offence data to prevent or identify crime, but only if it’s necessary or proportionate.

“We want businesses to be able to take action to prevent crime, but we want people who aren’t breaking the law to be able to go about their day without unjustified intrusion.” The ICO’s blog reads. 

It further clarified that sharing details with the police, a manager of another store and shopping centre security guards is deemed appropriate. However, public disclosure is less likely to be justifiable, such as posting images in staff rooms, sharing pictures on messaging platforms or publishing on social media. Retailers must adhere to data protection principles, such as ensuring the accuracy of the information and limiting the retention period of any shared images. 

This means that while businesses can work with law enforcement and other relevant parties to address shoplifting, they must carefully balance these actions with the privacy rights of individuals, avoiding practices that could lead to potential data breaches, reputational harm or legal repercussions.

Iceland boss will “take the rap” for employees sharing images of shoplifters

Walker has further stated that he will “take the rap” for any employees who face prosecution for sharing images of shoplifters.

Describing the the data protection laws as “stupid”, Walker told employees to post these images, and that he’d take responsibility for any staff who face legal consequences as a result.

“We are fighting with one hand tied behind our backs,” he commented on Woburn Partners’ Lessons in Leadership podcast.

“When these images are on your CCTV, it’s absolutely proven,” he added. “You watch someone pick something up, put it under their coat or whatever they do, and walk out or become aggressive to store staff if they’re stopped.

“Obviously you’d like to absolutely share those images. I’ve told my colleagues to do it anyway and I take the rap if there’s a problem. It’s a stupid law.”

As shoplifting crime increases, there is a growing call to revisit data protection laws and properly punish those committing theft. But as concerns about privacy rights and those living in poverty remain, policymakers and retailers are caught between a rock and a hard place when making decisions on tackling the country’s ongoing shoplifting dilemma.