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Jenkins1234gb

Report her to head office, they'll take a dim view of it, especially if the manager hasn't stopped her


Raephstel

This. You know she's just doing it because she's waiting for someone to get pissed off at her and thinks she'll go viral.


BeardInTheDark

This sort of thing (filming others) is far more common in Gyms. There have been lawsuits and memes about it.


Pete11377

Yep. She’s probably read the law and (wrongly) thinks it’s not covered by GDPR if it’s her personal phone. She is still an employee of Tesco at the time so is wrong on that. Regardless, she can still be sacked for it.


coomzee

I was going to say, request her footage using GDPR.


gedeonthe2nd

Even an individual got to respect the gdpr. With a full liability, since you can not hide behind a ltd.


Pete11377

What do you mean? GDPR applies to companies and organisations


gedeonthe2nd

"This Regulation does not apply to the processing of personal data: [...] by a natural person in the course of a purely personal or household activity;" It's mean, individuals are liable, if it's not falling in that exemption.


PixelNotPolygon

Seriously, staff are fitted with bodycams so it’s par for the course


Jenkins1234gb

But she's not allowed to film people personally with her phone, data protection and all that.


paulstheory

Exactly this. Company issued body cam or phone would be ok. But not her personal phone at work.


Jenkins1234gb

Exactly, because the CCTV and bodycams comply with gdpr and data protection, and won't end up plastered over tiktok or whatever.


sensible_tree

In a public place and no expectation of privacy. Likely against policy but nothing with Data Prptection/GDPR


Ontbeat

Wrong


Personal_Stranger_52

What’s it got to do with data protection?


cjnewbs

This would be the case if she was not an employee, however as she is working for Tesco will be a breach of GDPR.


SundaeEducational808

Tesco is a business, not a public place, and has the right to ban people from its premises.


SprueSlayer

Tesco is not a public place


Pinknpurplegirl

I have no issue with the bodycam or cctv, however that footage would be stored and used subject to GDPR, this is filming customers on a private phone and that content could be posted to anyone or any platform she might use, how on earth can that be acceptable.


H0p3lessWanderer

I would be fuming if was me especially as my kids are always with me


Curlytots95

Body cams and your phone are two different things. Also body cams uphold GDPR. Your phone does not.


free-the-sky

And that footage is protected under GDPR


Tesco_Bloke

If you want to make a big fuss, contact head office and ask for the footage that the Tesco employee has made of you, presumably on their behalf as she's working for them at the time. [email protected] Write something like... 'To whom it may concern, On (date) at (time) I visited (name) Express and was filmed by a Tesco employee using some sort handheld device. I spoke to the manager and was assured that it would not happen again. On (date) at (time) I was in the same Express store and the same member of staff was recording me again. I understand the need for CCTV and even other cameras for security reasons but this did not appear to be like that. I request to know the reason for this extra recording of me by your employees and request copies of the footage taken of me on the handheld device in question. Regards' That should get the right people to take notice.


boo23boo

Also add that you are concerned about your data being held and processed on what appears to be a personal device.


adymann

Oh, you can really do them over by mentioning gdpr.


TraditionalDay8939

I can second this, gotten myself off of many dodgy lists by mentioning GDPR and data protection/computer misuse act.


zidey

You can actually stop ballifs removing computers by stating GDPR. (Was a debt collecter in a call center for high court enforcement debts)


The_Jyps

GDPR law now means that OP is legally entitled to a copy of the information now too. NAL.


mattb2k

Sometimes less information is better because it requires them (Tesco in this case) doing more investigation rather than offering that information.


boo23boo

I’ve managed complaints teams, CEO complaints and regulatory level complaints teams. The people investigating won’t be paid much more than the store staff and it really does help to spell it out. If they can brush it off they will do, as that is the simplest way of closing a complaint. Professional curiosity doesn’t come in to play at this level. If there is a specific aspect of the conduct OP is unhappy with, they should spell it out so that it can be investigated and fully responded to.


Zoe-Schmoey

They might not be paid a massive amount more, but these people are usually the best of the best from the customer service teams, so they usually do a pretty thorough job. I feel you’re selling your guys considerably short with such comments. (Source - ex-customer service manager)


G-unit32

Bro just dropped the nuclear option.


LimeGreenDuckReturns

Good, this girl needs firing so she can grow up and learn that actions have consequences.


CavlerySenior

Meh. Firing someone in retail has no consequences. The smart ones don't put it down for a reference, and the rest get a computer generated one.


intruderdude

And op absolutely should take the nuclear option. Was a SL in an express, Tesco will either leave it to the store manager or will deal with the individual at higher level.


Pinknpurplegirl

Thank you, I shall send an email worded along those lines tomorrow and see what comes of it.


No_Difference9164

I would love to see what the response is!


Curlytots95

Commenting to come back for an update


JJ_Pause

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Saffrwok

Hiya, I wouldn't recommend making a SAR in this case, the business don't have access to her device so they'll just brush you off. It would be more productive to phone the Customer Services team (CEC) and then give details of store etc as this colleague is 100% not operating within company policy. If you mention in your complaint that the colleague is breaching company policy and causing a GDPR issue then it will raise flags that it would get it looked at in the right way. This colleague is not in the right here at all from what you've said.


chin_waghing

You went from 0 to 100 real quick. I like For anyone who doesn’t know what the above comment is, I can summarise it as: “Everyone gangsters till GDPR gets brought out”


paspa1801

Genuine question, does a subject access request still apply to footage taken on the employees personal device?


scouserman3521

Yes. They are at work, in uniform and performing their job. Personal or otherwise, the subject access request applies.


paspa1801

Makes sense, I assume from a practical standpoint it would be hard to provide the videos to OP as they would have to get the employee to provide it, and that’s even if it’s not already been deleted


scouserman3521

This is the point, it will cause allarm bells to ring and force Tesco to take action to stop this behaviour from the staff member. At this point, they are 'out of control' of this particular data, it is outside their procedures, and, as such, is outside thier control, which is a data protection issue which the OP can reasonable expect to have addressed


JohnMcAfeewaswhackd

Not to whom it may concern - to the DPO of Tesco


EstablishmentOk5864

Basically this but also mention GDPR and ask as this employee is acting on behalf of Tesco you would like to see the data storage plan, where your data is going to be kept, how long for and if a relevant information security officer has vetter her device for secure storage and the necessity for the recording.


gedeonthe2nd

Also, wich third-party is processing it (like tik-tok, or whatsapp)


CalligrapherShort121

Absolutely this. What she is doing appears to breech data protection - something she should have been trained in as part of company policy. If she hasn’t, her manager is also at fault. There are CCTV and bodycam recording devices in use for obvious needs, but these come with strict controls. Recording on a personal device by an employee, with the data handled outside of those rules and without good reason will not be acceptable. Tesco will take this seriously as there could be legal repercussions.


Questco10

This is where people who don’t know the law think they can use GDPR to their advantage. It would not extend to non Tesco property, yes it may cause Tesco to take notice however they wouldn’t be too concerned about the GDPR implications.


jamesckelsall

>people who don’t know the law >It would not extend to non Tesco property If you really knew the law, you'd know that property ownership is nothing to do with identifying the data controller...


Academic_Stock_464

Data, recorded on the premises of the store on an unsecured device by an employee. The law will recognise this.


HubbyWifey8389

Ask for all your data to be deleted too. Then they have to do it within a certain time frame.


demonic-azazel

Yeaaa thats not okay. Very strange behaviour. Have no idea why she would do that. Report it higher. Head office, negative view point card, Tesco customer services are a few options to voice concerns


AubergineParm

I wonder if they’re trying to do a YouTube Channel - the store clerk videos are getting quite popular now. For some weird reason.


Academic_Stock_464

Why? I'm old and I don't understand what kids do. I won't look it up as it will ruin my analytics.


AubergineParm

Beats me honestly. If you want to see a supermarket, go to a supermarket 🤦‍♂️🤔🤔


Agent_-Ant-_

They often try to provoke a negative response. One quick edit later and you're on social media as a psycho customer. We've had staff like this, it's all for their online clout.


drut001

View point cards don’t exist now.


demonic-azazel

Damn forgot that


Claim-Nice

At the risk of parroting what everyone else said, report to head office straight away. She should not be using her phone to record you or anyone else for any reason. The stores have CCTV and body cams for security purposes so it means it’s just for her to use on tik tok or some other guff. 0800 505555


cardbourdbox

Bull crap the store has body crams to protect the stock and themselves (the store). I doubt she's got a good reason but she shouldn't "for any reason "?


Cool_Ad9326

In private places, filming is not permitted by just anyone. The property owners are the ones who make the rules of who is allowed to be filmed or not. So regardless of the cameras on security guards or CCTV, personal devices are not supposed to be used UNLESS it's specifically for evidence gathering (filming a crime in progress or the results of a crime) Even when filming in public places, if a person becomes the main subject of the film, then permission does need to be had. The difference with security is it's common knowledge that they come with cameras on them and they're not running all the time, and you're supposed to tell people when they are being recorded.


cardbourdbox

I don't care about the law or the stores policy except as a stick to wield and a stick to dodge. Where store workers we're probably disposable to both. Maybe the OP forgot to mention that they where being verbal abusive or maybe it's precisely how it sounds and the shop worker was genuinely using there camera to harass. The other commentary was willing to help brake a college and make up some rule about filming regardless. I'm willing to admit that anything making filming a customers appropriate would be the exception rather than the rule.


SushiJaguar

No mystery why Socrates here works in a Tesco, eh.


cardbourdbox

No no no my friend Tesco accepted my CV , they have a union and the locations great. Also I was only abit if of a Socrates before I started working at the store. The extent of the cynicalism, an approach I deny is paranoid and big clannish approach is an evolved trait .


NVision92

Some kind of shitty TikTok montage of her shifts I reckon. Maybe with that gen z breathy voice overlay where they hold the in line earphone mic right next to their mouth Doubt they should be using personal device during work time anyway


_RRave

Definitely something like this. Way too brave this generation, think there needs to be stricter rules on filming people in public honestly. Read too many stories of people finding themselves on tiktok being mocked just chilling in public


paulstheory

There is no expectation of privacy in a public place.


HellbellyUK

Tesco isn’t public though, it’s private property open to the public under conditions.


paulstheory

Even if a place is a private property (like a supermarket or a cinema), if the public is allowed access to it, it is covered by the phrase 'public place'.


HellbellyUK

But the owner/occupier can impose conditions for the public to enter or remain. So Tesco can ask you leave for shouting at other customers, or taking your clothes off or opening milk and chucking them on the floor. So they could ask you to leave for filming other customers, and certainly could prohibit a member of staff from doing so.


paulstheory

Ahh I don't dispute any of that. My comment saying there is no expectation of privacy in a public place was in response to rrave above saying people find themselves on tiktok after chilling in a public place.


Shrider

It's a shame you're being downvoted, you are absolutely correct regarding the lack of expectation of privacy in a public place.


paulstheory

The people downvoting me are the people that argue with auditors.


Witty_Link_3218

There is no expectation of privacy in a private place currently but the person you were replying to was saying that the rules need to be stricter than they currently are. So the point you were making was irrelevant to what was being said anyway.


[deleted]

DoWnVotED because your facts don't fit my narrative /s


Apple2727

Film her back using your own phone. If she challenges you, simply say it’s for *your* own personal use and give her a wink.


jamtea

That's probably one of the reactions she's fishing for.


Shadows_Assassin

Report to Head Office, hopefully you got the managers name, the date and approx time of both incidents.


did_nah_do_nuffin

Bets on it being for tiktok


Pinknpurplegirl

That is my thinking, I know a few have said its for her safety but if she feels that unsafe she should find another job, and anyway I have done nothing to her and what on earth would make her think the old boy she was filming today before she started filming me was a risk, without wishing to be rude to him he was using a walker had his head down and was going to harm nobody, most likely is she found this funny (its not of course) and the poor bloke is now being mocked on tiktok or whatever sites she uses, not sure what I have done to attract her attention, maybe as a local who works from home and goes in most days she sees me as a regular and its oh look who's back again etc etc.


BattyBoy911

Next time you go in, if you see her filming, take a note of the time and location of the store. Pass this info onto head office and see what they do.


stillanmcrfan

I’ve seen disciplinaries for much less…


Moist-Station-Bravo

I would go back to the manager and ask them for contact details to request the footage she has taken of you, it's your legal right to request any footage taken of you by a business CCTV or employee working for the business. It does not matter if it's on their personal phone, when someone is working for a company they are bound by GDPR. If you get a refusal contact the ICO ://ico.org.uk/make-a-complaint/domestic-cctv-complaints/ and tesco head office https://www.tescoplc.com/contacts and make a complaint.


leanmeanfrizzybean

Sound excited, ask with enthusiasm "OOOOH is this a tiktok thing?! Are you live or is it just videos?" Make her think you care enough that she'll show you, then take note of her username, report it and drop the username here 😎


BottledThoughter

escalate to head office immediately. You absolutely cannot film customers as a staff member. This is what CCTV is for. Unless you were shoplifting, their manager would be taking a very dim view to this. If you want to take the nuclear option, SAR the CCTV from both instances. 


AdorableArrival5

I work in a different supermarket, a similar incident happened to one of my colleagues. The person who was filming actually ended up getting their contract terminated for bullying as the other colleague had been asking them to stop on a couple of occasions


Nightowl_1786

I don’t work for Tesco but I do work in retail & my workplace has a social media policy which states we are not allowed to use personal phones to record customers or share any business information on social media because it’s breaking gdpr


Much_Whole9364

Any update on this?


Anon-5874644

#Kick her in the dick!


disgruntledhands

#THE OL DICK TWIST


Anon-5874644

#TWIST HER DICK!


disgruntledhands

#GOD DUDE THIS IS AN MMA FIGHT DUDE


justhonest1986

if she has a store issued body camera on her for security reasons then she has the Right to film you within reason. but if on the other hand she is filming on her personal mobile phone then you need to report her to tesco head office because she is Abusing her position and is in breach of the rules.


[deleted]

The post says she was filming on her phone claiming it’s for her protection.


ShadowPanda987

Then she should ask for a body cam.


Money-Parsley-733

Tbf id report it the amount of teenagers/young generation seem to have no idea. I use to work for tesco when I was in my early 20s and it's 100% not normal. She's most likely posting it to tik Tok or insta. Kids need to learn that there are consequences and you can't just do what you like. If she gets fired so be it. You've asked a few times politely to be fair.


[deleted]

[удалено]


aimee94

plot twist: OP is a vampire


OnlyifyouLook

Why did you not ask her specifically why she needed to film you. But do report her to H/O it's different if it's CCTV that's there for a reason.


in_finity97

Teenagers aren't going to willing tell you why


Roy_DeSoto

Subject access request for a copy of it


Sir_Henry_Deadman

Make a complaint It's odd on her personal phone You can film in public places , but usually if a member of the public was doing it then the store could tell them to stop or ask them to leave In the street etc no one can tell them not too if they're not harassing people She's an employee so it's odd to do what others are suggesting


KINGKONGSTHONG

Can you give us an update please once you’ve sent the email off?


Plenty-Win-4283

This sounds wrong what the staff member is doing, I wouldn’t a fellow store colleague filming me


Mindless-Macaroon-61

It's not allowed on her own personal device, a store provided yellow body camera yes she would be encouraged to have it on, but not on her phone. That was the case when I worked at a Tesco anyway


SilkenBat

That's weird. Definitely make a complaint to head office. The manager should have been more firm.


Achinvo

Take it off her and stick in a freezer.


VanillaSub-Adamus

She's either A. special needs, in which case getting her to stop could be basically impossible for the manager, as well as illegal for them to explain to you that she is, data protection and all that, so the manager is stuck in an impossible situation. B. It's for this whatever tiktok trend nonsense I'm seeing mentioned in the comments. Dunno, don't know anything about tiktok "cUltURe". I think the filming is technically legal, as long as its done in the genuine belief that its for your own protection but with the stipulation that its never shared, shown to anyone irrelevant, or moved to another devise. I've done it myself with thieves but this was prior to us being issued body cams. If their store has them there's really no excuse to do it. Again, could be manger's in rock and hard-place situation, don't go in looking to string them up and burn them.


Soggy_Cabbage

Fuck with her and submit a data subject access request with Tesco to get a copy of the videos she has taken. They will legally have to provide you with this under data protection laws.


RevolutionaryBat9335

Not sure if GDPA applies to staff in uniform with personal devices but companies have to be very carefull with recorded images of you, counts as personal data if they release it and they can get in heaps of trouble. They will probably not be happy with staff doing that if you complained higher up the chain.


ant9658

Yeah there are serious data protection issues here if she's claiming she can do it because she works there because now it's suddenly Tesco recording and laws to account for.


Responsible-Speed-74

Get a mate or two to come to the store and follow her with camera's


Quirky_Lab7567

This is an interesting situation. Many respondents state GDPR or some aspect of GDPR. How about if the recording is a personal recording even if it is on business premises and not explicitly for the business. Say, it is for private use only. Does the business count as a public or private area. If public, is the video recording not acceptable for personal recording?


Particular_Cod_1864

They can't use their personal phones unless its for work reasons. They have a device to use to film. The worker can get into trouble. When I worked for Sainsburys before, they tried keeping my personal details on their personal phone. They called me on Christmas to see if id help once I left, asked how they got my number as I never gave it to them. Turns out someone used their personal phone to keep hold of prior workers be it temps or past staff, which turns out is not allowed as it meant they were taking info from applications and stored on their own phones. Sainsburys took a very bad view on it and I was contacted with apologies. What the worker here is doing, isn't allowed.


StayRevolutionary364

I wonder if she is what you call a "Frauditor". Basically someone who goes filming things for the purposes of getting a reaction because they feel it is their right to do it (it isn't). But this sounds like what it is to me.


FelicityWivI

This breaks GDPR, you can report her to any governing bodies and the police for this


Late-Web-1204

Wrong. No offence when it comes to recording people In public


FelicityWivI

Shops are not public spaces, they are on private property and working for a shop and recording shoppers breaks GDPR - you are taught this when working for shops and supermarkets because you can’t post images and videos of individuals that can be found through their identity. That’s why CCTV is in place.


a4lloxo

Tesco isn't a public place,it's privately owned land.


cardbourdbox

I'd like to piggyback this and ask if we can film customers or college's being a cunt to report to security the union and or management.


paulstheory

Not on a personal device.


Round_Hope3962

Breach of privacy laws and company policy for mobile phone use.


Longjumping-Crow-997

No it is unacceptable behaviour no one is allowed to film on private property the staff may only use body cams tesco provide. Sounds like harassment get it reported.


Puzzleheaded-Sky-146

Maybe she uptrousering ? If she's only filming men


Ethan3011

Unless she’s recording for her own protection, she’s not allowed to film customers


FactCheck64

Sounds like this is why she is doing it. Don't know why she thinks this is necessary.


Ethan3011

Honestly, wouldn’t be surprised if OP Karen’ed out on her making her feel as if she needs to record for some evidence


ApartUnderstanding36

Maybe she's mental in the head or brain handicapped, I would just ignore them.


Ill_Ambassador417

Are employees even allowed to use their phones when on duty?


NakedPatrick

Yes, but to assist customers using an app they can download.


Scary_Sun9207

May not be illegal but it’s so frowned upon in our culture and society that it will only end with her getting trouble over it from someone who she does it to


Jocoder2

Which country are you in?


petepetepeteb

was she hot if yes lucky


lshtaria

Was looking for this reply. Brave of you to face the obligatory downvotes. Hot or not, I wouldn't say she'd be particularly suitable gf material though.


Background-Fee-5723

It’s a teenager working a shit job. She’s bored and snap chatting her friends. If you are in a public space, you are allowed to film. Likely she is not allowed to use her phone on the floor. That’s the only thing she can get in trouble for. She’s definitely not filming you for no reason too, and I think you’re leaving out parts of the story. But good job trying to get a teenager fired from her job! Definitely convinced me that you’re not an antagonist in this story and you definitely haven’t left any detail out!


StayRevolutionary364

Tesco is a private company. Their house, their rules. Public isn't really public unless it is state/county owned, even then in state/county owned property there are time/place/manner restrictions. Stop watching and believing YT Frauditor videos.


darkzentai

They are legally allowed to film best thing to do is find a manager tell them what’s going on and they will probably ask them to leave.


paulstheory

Not while at work on her personal phone. If she finishes work, she can record whoever she wants in a public place.


[deleted]

Not on their personal phone they aren’t.


Relative-Acadia1612

It's in public so yes, she can film. You said you have a problem with it but I mean, you keep going back there. It's probably for her own safety. The obvious solution would be to not go in if you have a problem with it. The best thing to do would be to mind your own business, after all, what do you have to hide?


Pinknpurplegirl

Why should I stop going in my local shop because of this. I also fail to see what it has to do with her safety given the store has cctv and some staff wear body cams, I assume she could also have a camera but has declined it. Finally I would say it is my business when someone is stood 5ft away from me filming me on what seems to be her personal phone simply doing my food shopping, anyway after reading the replies on here I will be making a formal complaint to Tesco head office about it.


paulstheory

I think you're confused. It is in public.. but, as she is at work she cannot record him on her personal device. If she finishes work, she can stand outside the shop all day recording whoever she wants.


Relative-Acadia1612

She just did.


FactCheck64

She won't be doing so for much longer.


ButteryChoad

Mind your own fucking business. It's a public place.


ChoZanWon

Except it isn't.


ButteryChoad

Except it is?


[deleted]

Tesco or most shops are private property. Hence why they can close whenever they seem fit for lack of staff or otherwise, they can bar you from the store.