Shopper put on Facewatch watchlist after dispute over 39p of paracetamol
A London woman has made a data complaint after discovering she had been put on a facial recognition camera watchlist at a Home Bargains store after a dispute over 39p worth of paracetamol.
She learned of her entry on a database of banned customers when a member of staff at the store in Grove Farm retail park, in Chadwell Heath, asked her to leave and directed her attention to a Facewatch sign.
Facewatch is a facial recognition system used by retailers to identify and deter shoplifters by analysing CCTV footage and comparing faces to a private database of known offenders.
It triggers an alert to staff when a match is made by the software. Stores including Asda, Budgens, Sports Direct and Costcutter have used the technology, despite privacy campaigners arguing that the surveillance infringes the rights of shoppers.
The 62-year-old woman, who has lost the confidence to go shopping on her own since the incident, according to her family, has made a complaint to the Information Commissioner's Office on the grounds that the Data Protection Act requires there to be a 'substantial public interest' for the processing of biometric data to be lawful.
'She's really struggling because even to go into Tesco she gets really stressed thinking 'or am I allowed? Would they kick me out?',' her daughter said.
The woman from Romford, who has asked not to be named, had first visited the Home Bargains store with her daughter on 25 April to buy some products for an upcoming wedding. She picked up two packets of paracetamol and asked her daughter to pay for them while she went on ahead to Lidl next door.
'Mum has got this habit. She's got a few illnesses, but every time she goes to a shop she always buys paracetamol,' her daughter said. 'We always laugh at her that 'you are always stocking up'.'
According to the complaint to the ICO, as she went to the exit 'she was accused by staff of theft, had her bag searched, and her own personal paracetamol (which she carries regularly) was confiscated'.
She denied taking the paracetamol but was in a rush and so 'left the shop and she thought nothing of it', her daughter said.
She had no idea that her name had been added to the watchlist until she returned with her two sons and daughter-in-law to the shop on 30 May to buy some snail repellent.
She was allegedly asked to leave by a member of staff, whose offer of explanation was to point her to a Facewatch sign that was initially covered up.
She 'later discovered that, based solely on this disputed and minor allegation, Home Bargains had added her biometric data to a Facewatch watchlist', it is claimed.
The complaint goes on: 'To be clear: [she] did not steal the paracetamol during the first visit. The allegations by Home Bargains are false. However, even taking Home Bargains' allegations at face value, their – and Facewatch's – biometric processing was clearly not in the substantial public interest.
'The watchlist entry was created and acted upon in order to apprehend someone supposedly guilty of (on one occasion) stealing goods valued at less than £1. It is scarcely possible to imagine a less serious 'offender'.'
The ICO separately investigated Facewatch in 2023 and asked for a series of changes. According to the new complaint, that investigation 'resulted in Facewatch being required to focus on 'repeat offenders or individuals committing significant offences''.
Alex Lawrence-Archer, a solicitor at the data rights firm AWO, who is acting for the woman, said: 'This case shows that people can be added to the biometric watchlist for the most minor suspected offence, without being properly informed, and without having the chance to tell their side of the story.'
Madeleine Stone, a senior advocacy officer at Big Brother Watch, which is supporting the woman, said there was no 'due process' to the addition of names to watchlists at retailers. She said: 'The government must urgently step in and stop retailers from subjecting shoppers to this Orwellian and discriminatory technology.'
A Facewatch spokesperson said: 'Facewatch exists to help retailers prevent crime and protect their employees in a way that is lawful, proportionate and respectful of individual rights at a time when shoplifting in England and Wales has reached a record 516,971 offences, and incidents of violence and abuse against retail workers have surged to more than 2,000 per day.
'It would be inappropriate to comment on this matter while a legal process remains ongoing and, notwithstanding that, Facewatch would not be able to disclose personal data about an individual or the facts of any individual case. Facewatch is committed to transparency, accuracy, and upholding the highest standards of data protection and public reassurance and our technology and processes remain fully compliant with UK data protection legislation and latest regulatory guidance.'
A spokesperson for TJ Morris, the owner of Home Bargains, declined a request for comment.
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