Privacy concerns raised over Michael Barrimore's TikTok video

The shop workers' union Usdaw has warned that members of the public filming retail staff without consent using smart glasses is an increasing problem. The warning follows a BBC report detailing a sales assistant who discovered he had been filmed via built-in camera glasses by former television presenter Michael Barrymore and featured in a video shared with millions of social media followers without prior permission.

Although such good-natured interactions are not criminal offences, the BBC article outlines that recording inside shops, which are private premises, is a "breach of data protection laws." The article goes on to highlight that, while at work, sales assistants should have a "reasonable expectation of privacy and that their consent for any use of film or photographs of them be obtained before they are shared."

The article has prompted a strong(ish) reaction online. In a LinkedIn post, Jon Baines said it was "wrong" to suggest a breach, arguing (in the comments) that Barrimore could rely on the "special purposes exemption, on one or both of the journalistic and artistic purposes."

Not all the comments on Baines' post agree that it is a clear-cut case in the public interest, and would like to see the case tested in court. 

What do you think?

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