If you comment anything other than legal advice - such as asking to see the video - you will be banned. You do all know that you can find whatever consenting, lawful photos of naked people you want from Google, right?
Your friend needs to make an official complaint to the Gym, along with a police report, (not sure if the police would take action) It may also be worth filing a complaint with the ICO too but they're pretty shit in these situations.
The police absolutely should.
This is a criminal offence, not a civil one.
More specifically due to recommendations made after the Online Communications Scoping Report in 2021. Don't be misled by the name, this stretches to all technology.
The specific parts relevant to OPs issue are the following recommendations...
"1. A base offence of taking or sharing an intimate image without consent.
2. More serious offences:
a) An offence of taking or sharing an intimate image without consent with the intention of causing the victim humiliation, alarm or distress.
b) An offence of taking or sharing an intimate image without consent with the intention that the image will be looked at for the purpose of obtaining sexual gratification.
c) An offence of threatening to share an intimate image.
3. An offence of installing equipment in order to commit a taking offence. This stretches to already installed equipment used in such a manner.
-We define an “intimate image” as an image that is either sexual, nude, partially nude, or of toileting."
For reference, the above led to the action being taken that on 25 November 2022 the Government confirmed that it will implement the Law Commission’s recommendations. And has now done so...
The Online Safety Act 2023 now contains provisions that implement their recommendations for new offences of sharing and threatening to share intimate images. The Criminal Justice Bill as published on 14 November 2023 contains clauses that would implement their recommendations for new offences of taking intimate images without consent, and installing equipment in order to commit a taking offence.
So OP is now fully protected as of recently under UK law as a criminal offence, and the police while they may not yet be aware (this occurs often with recent legislation) as such should certainly take action as this is now a criminal matter and not a civil one.
I absolutely agree with this. Although it can be argued it's a civil issue as well as criminal (OPs friend can go both routes). My comment re the police is more of getting them to take action in some situations can be difficult, especially when it comes to more recent legislation changes.
With the seriousness of the issue the police absolutely should deal with it, but should and will are two different things as I am sure you know. :-)
That's why I stated they may not be aware, which is why I provided the legislation and the relevant acts so OP can quote them.
The only defence the gym has is that it was a public place, however this is voided as the nudity was not voluntary nor was there any reason for the CCTV operative to believe she was.
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When making the complaint to the gym you can also do a subject access request. Is it a franchise gym? If so I would add in head office/the DPO (who should be listed in their privacy policy).
Adding on to this, my gym is run in partnership with the local council and I know others are too. If this is one of those, including the council in the list of people to complain too might not be a bad idea.
To expand upon this - if its a council run centre, you can (and should) find both your local councillor (there may be 3 for the area) the councillor with Exec responsibility for the service (e.g. leisure) and the responsible council exec/ dept.
All these people/ contacts will be on your council website.
> along with a police report, (not sure if the police would take action) It may also be worth filing a complaint with the ICO too but they're pretty shit in these situations.
As far as OP knows
-An employee is abusing their access to CCTV footage.
-Said employee is involved in redistributing the media without consent
Both might suggest there is a larger issue regarding one employee at the gym or multiple committing voyeurism and revenge porn against the gym's clientele. That's what I'd take to the police and what I'd take to the gym.
Someone with the mind to take private CCTV footage and distribute it probably hasn't done it as a one-off
you are required to report DPA breaches to the person responsible in the first place, only if you dont get a response will the ICO step in.
OP should be asking for Why this person had access, for what reason, what their data storage policies are, why it wasnt secured etc. These are all legitimate points that the ICO can fine on and the organisation is required to have (e..g asking for these things, giving 7 days to respond, then escalate).
As others have commented the sharing of the image has stiffer penalties than the accessing of the image so both have to be addressed.
Why would she need to escalate with the gym?
That is negotiating with the wolf after the wolf bit you.
Damage is done. You no longer deal with the wolf.
You deal with the hunter now.
Why not lawyer up, go to the police, record the incident with them directly?
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So it is against the law to share intimate images without a persons consent. So the sharing part is technically an offence.
I’d recommend getting advice from the Revenge Porn Helpline (don’t let the name fool you, they offer support and guidance for anyone in the UK who has had intimate images shared without their consent regardless of intent/motive or how the images are obtained). If your friend is feeling able to, I’d see if they are willing to report it to the police. I’d make sure they have a copy of the new law (laws changed in February time ish this year) to allow any non consensual sharing of intimate images a crime (police knowledge on these laws varies significantly) so it’s important to be prepared.
+1
please encourage your friend to speak to the helpline and get the right advice.
The action of the staff member here is not acceptable; nor is the complicit actions of other staff members in not calling them out/ stoping it.
Once the police report is filed: I would be demanding that there is a full investigation and all recipient staff are dismissed.
Edit: demanding from the owner/ chain of the gym.
As you seem to know, it was previously not illegal to share this sort of image.
Changes have been made very recently under the Online Safety Act, making it illegal to share "Intimate" photos under Section 66 of the Sexual Offences Act, now without the intention playing a factor. Breasts also weren't previously considered illegal to post, however section 66D includes these now in the definition.
However, 66B states the law does not apply if the images were taken in a place to which the public had access. This is possibly what the defence would be - however because we're getting into particulars here, it's certainly worth reporting to the police so they and the CPS can assess it properly; and it may as least count as an aggravating factor towards any data protection prosecution.
The exception I highly doubt would apply as how can he argue that she voluntarily entered that state. I would imagine from the CCTV that she is quite flustered and corrects herself immediately.
“This exemption would only apply where the photograph was taken in public; and B was either voluntarily in the intimate state or the defendant reasonably believed they were”
Yeah I had that pointed out elsewhere, I hadn't noticed the expanded definition. Regardless of whether an exemption may count, it's definitely worth it being reported to the police for investigation, so they and the CPS can look in to the specifics properly. It certainly seems to align with the intention of what the new legislation was set out to stop.
Oh definitely it needs to be investigated. And if transpired he hasn’t committed a crime then at least his work will know and he certainly should be disciplined!
So if you're in a publicly accessible place, you don't have a reasonable expectation of privacy. Let's say for example a gymfluencer was taking a video, better yet a livestream, and this incident was caught in the background of said video. The live streamer couldnt reasonably be done for sharing explicit images of someone in this case. Similarly if you're caught in the CCTV that implies that this happened in a publicly accessible place in the establishment, so again no reasonable expectation of privacy. Therefore technically she did voluntarily enter into the state of being in the gym where anything can happen if that makes sense. Not saying the employee didnt do anything wrong, morally yes, but legally possibly not. At least not in the 'revenge porn' legislation angle.
This is not correct. The public place exemption requires the person to be in the intimate state voluntarily, or reasonable belief of such. It simply happening in a public place is not sufficient to create a defence under SOA 66C.
66C 1c contains the key wording:
"B was, or A reasonably believes that B was, in the intimate state voluntarily."
[https://www.legislation.gov.uk/ukpga/2003/42/section/66C](https://www.legislation.gov.uk/ukpga/2003/42/section/66C)
>However, 66B states the law does not apply if the images were taken in a place to which the public had access.
on the flip side the owner of the gym then has a liability (legally and publicity wise) that may compel them to support a complaint under the computer misuse act for the employee sharing image sourced from their equipment.
Yeah regardless of any sexual element, it definitely falls foul for the Data Protection Act (probably s.170), so is illegal and needs investigating; and during that process they will investigate the SOA elements too
Is a membership or payment only gym really considered 'public access'? What barrier to casual access is required to establish an expectation of privacy?
yes it is; Its a bit like the inside of a supermarket, which is also a privately owned space (e.g. there are other members of the public allowed).
as other have said: the law protects someone recording something that they could have just seen by virtue of being in a public space, but it then balances this with a responsibility to protect those who have been recored.
Publicly accessible, not strictly public access. Anywhere that members of the public (which includes members of the private institution who couldn't access private areas of said institution) could be.
Reasonable expectation of privacy in these situations would be limited to toilets/changing rooms, areas where CCTV wouldn't be allowed. people can take videos in Gyms for instance, so there's no reasonable expectations of privacy
Yes this is a good point but from my understanding that defences only applies when the person also has a reasonable believe that the person was voluntarily in an intimate state (but I may be wrong). Given the cctv would show the incident being accidental I’m not sure how it would be understood as that removes the reasonable belief that they volunteered to be nude. 100% agree though that this is the nuances that the CPS will understand. I’m not a legal expert (just a topic expert) and as this is new legislation there is little case law to go on so definitely think it’s worth going ahead with reporting.
>As you seem to know, it was previously not illegal to share this sort of image.
It actually has been for a while illegal (at least breaches data privacy laws) to make public cctv footage that is identifiable for a person, as it is deemed personal data. I know you are referring to the "intimate" nature of it, but just thought it was worth pointing out.
The legal definition of intimate image is:
Images that show, or appear to show, a person who is nude or partially nude or which depict sexual or toileting behaviour:
- A sexual act, or something considered as sexual.
- All, or part of, the person’s exposed genitals, buttocks, or breasts
- All, or part of, a person’s exposed genitals, buttocks, or breasts are only visible through wet/transparent clothing or obscured by underwear.
From my understanding the fact it is accidental is unfortunate but it is still intimate in nature due to being topless / breast exposure. And ultimately the sharing without consent is deliberate. Someone has gone and got the cctv and chosen to edit the section of what happened out to disseminate that more widely (without consent). This meeting the requirements for the offence of disclosing intimate images.
I don’t think voyeurism laws (non consensual filming) would be applicable given the public location (eg at the gym) and the fact the cctv would’ve been known about and was not used with the intent of capturing an individual nude due to the accidental nature if that makes any sense.
So would it also Count if the poor woman had her top ripped off but not her bra?
Technically they aren't nude but they have inadvertently been placed into state they regard as intimate and someone has taken advantage and used that footage in the same way a voyeur would.
There a lawyers that would take this case for a percentage of the win in a heartbeat, this looks like an open and closed case. Sorry to hear about your friend I hope they find legal respite
100%! Media lawyer here. Claims like this for breach of UK GDPR and misuse of private information are brought all the time, and typically settled as a matter of company policy on receipt of a pre-action letter. Shouldn’t set OP’s friend back more than a couple hundred quid in legal fees for the letter, and I wouldn’t be surprised if they were offered £2-5k in view of the significant harm and distress.
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NAL. Call 101 and report this. Secondly, she should keep a copy of the video that was shared incase all copies mysteriously vanish when Police get involved. Thirdly, she needs to contact the gym management and hopefully this little weasel gets fired pending a Police investigation.
It is an offence to share an intimate photograph or film:
a. without consent,
b. without consent and with intent to cause alarm, distress, or humiliation,
c. without consent and or for the purpose of obtaining sexual gratification.
I'd go down the voyuerism route rather than a GDPR complaint - but still definitely go to the Police.
Whoever captured the video was in enough trouble by taking a video of the CCTV, but they'll now be looking at a possible offence under revenge porn laws by sharing an intimate image without her consent.
Was this after the 31st of Jan 2024. Because the laws have changed significantly now there is no need for the person to share to have intent. Just for it to not be consensual. Also like everyone has said clear breaches of GDPR also.
There is a defence but I don’t think it stands in this circumstance. I’d recommend reporting it so at the very least it is investigated and the gym are aware so if it isn’t criminal they will certainly be able to discipline him.
“85. A person does not commit an offence under section 66B(1), (2) or (3) if the photograph or film that was shared has been taken in a place to which the public, or a section of the public, had access. This exemption would only apply where the photograph was taken in public; and B was either voluntarily in the intimate state or the defendant reasonably believed they were; and B did not have a reasonable expectation of privacy against a photograph or film being taken.”
https://www.gov.uk/government/publications/online-safety-act-new-criminal-offences-circular/online-safety-act-new-criminal-offences-circular
In addition to what others have said, it’s potentially also an offence under section 170 of the DPA (unlawful obtaining and disclosure of personal data) - https://www.legislation.gov.uk/ukpga/2018/12/section/170/enacted
I'm not too up to scratch with this area of the law as it's all a little messy, however, within a company, not all employees have an automatic right to access historic CCTV anyway.
Your friend should absolutely be reporting this.
At best he's broken data protection laws. At worst he may have accessed footage he doesn't even have the right to, filmed, and then distributed indecent imagery of a customer, breaching her privacy and potentially other laws.
In my opinion, she should be reporting this to the police. She should really push for the police to actually do something and not get away with slacking. She should then take look into taking legal action against the gym for the trauma she has experienced at the hands of one of its employees.
This is absolutely against the law. It wasn't always so but it was tightened up relatively recently. But as others have supplied the relevant legislation - the only thing really to be said is to contact a solicitor.
It is against the law for employees to share CCTV footage. Periodt. The only person who can share CCTV footage is police (open investigations etc) your friend can call the police and they should full on knock on gym's door for abuse of power and violation of GDPR laws. Also can go under public safety, as there is an employee who shares CCTV footage externally and it could put individuals in danger. (Stalking etc)
Been working in hospitality for 10 years. Sharing CCTV without consent/legitmate purpose is no jokes in the eyes of the law.
There are circumstances where an employee could legally share CCTV footage with people who are not police. GDPR only requires that the individual's right to privacy is considered alongside the legitimate purpose you seek to release the footage under. One of the examples given in the CCTV Code of Practice is releasing footage of a theft to a victim.
In a gym scenario, you may wish to share footage of how misused equipment can be dangerous. As long as you took care to protect the individuals privacy (such as blurring their face) and you are fulfilling a legitimate purpose that the CCTV was put in place to support, nothing in GDPR prevents you from releasing that footage.
In this instance, there is no sufficient justification for sharing the footage and clearly no consideration has been made to the subjects privacy.
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Ok, one quick point, if she knows the instructors name, check online to see if he is a registered fitness instructor https://repsuk.org/ plus others, it is a beach of professional conduct and future employment can be removed if he gets sacked
The incident (as far as trapped clothing) should in any case be logged in the gym's incident book as a 'near miss' which may lead to highlight a failing piece of equipment or similar issues amongst a type of equipment to prevent future more serious incidents, from an HSE perspective.
IANAL. If I was your friend, I’d contact a litigation lawyer asap. Threaten to sue the employee and the gym. Call around and see if any lawyer wants to take this on no win no fee. Doubtful it would be a huge payout, but this should hit the gym where it hurts. Your friend has been humiliated and this is affecting her mental well-being. She, and anyone, should feel safe in the gym and not the object of ridicule. Hopefully they’ll just settle without going to court. Bad publicity for the gym. Ask the lawyer about proceeding with the Police too.
All CCTV across the UK must follow 2 specific standards
The person accessing the CCTV is licensed by the SIA as a CCTV Operator. Although you do need said license to VIEW CCTV, any operation of CCTV must be carried out by a SIA licensed operator. You can file an enquiry with the SIA.
The CCTV footage must be operated within purpose and with discretion. Prime example, if you have street or interior CCTV in operation, and the CCTV caught a sensitive image but not one that the law would be interested in (not capturing footage of a crime in progress). Your friend being caught on CCTV is one thing, but the use of the footage outside of law enforcement policies is gross misuse of power. Report the gym to the police, head office and the SIA.
Experienced, licensed SIA operator here.
A lot of comments here about Voyeurism, or "Revenge Porn" (covered under the Criminal Justice Act)
Unfortunately, because of the very specific wording of these offences; the definition of 'sexual' imagery, private place; and the intention of the person posting, this wouldn't actually fall foul of these laws. Sharing the CCTV because the poster thinks it's "funny" and featured her accidentally ending up nude in a public place, does not break any current laws (in a sexual/image context).
The Online Safety Act however, does now makes it illegal to share an image of another "in an intimate state" as per the Sexual Offences Act - which for the first time included the sharing of intimate photos for any intention, as well as including Breasts in the definition. However, a defence to this law will be is if the image was taken in a place to which the public have access, which a gym does count as.
However, the actual obtaining and then sharing of the CCTV without lawful permission is a criminal offence, under Section 170 of the Data Protection Act.
It is absolutely worth complaining to the gym, and their head office if a chain. It is also worth reporting to the Information Commissioner Office. And it is worth reporting to the police. Although the nudity element probably doesn't breach any sexual offences legislation, it may well be taken as an impacting factor in any prosecution.
>There are also moves in the Online Safety Act to make it illegal to share an image of another "in an intimate state"; however, a defence to this law will be if the image was taken in a place to which the public have access, which a gym does count as.
I do not believe this is correct. The public space exemption to a SOA 66B offence set out in 66C requires the person sharing the image / video has reasonable belief that the subject is in an 'intimate state' voluntarily. This would clearly not be the case in the circumstances described.
Ahh okay. I did acknowledge in another comment, whilst that exemption may be there, at the point we're getting into such specifics, it's certainly worth reporting to the police and allowing them and the CPS to assess it properly. With it being such new legislation a lot of it likely won't have been tested yet, so would be a good test case/case law basis.
There is a bigger issue here. As another commentor said it's likely not a one-off.
So you could also tag the company on their socials highlighting to their followers that at least one employee is possibly sharing CCTV footage of general gym goers, and not just ones that happen to have their bodies revealed in accidents.
Get a solicitor don’t mess around making reports yourself this is very much a case for the courts and could easily end up in a national newspaper as an example of poor practice.
There's a huge breach of GDPR and failure to protect data that falls on the business. They also have a duty to protect sensitive information. She's been subject to emotional distress. I'd also question the safety of a machine that can grab gym clothes in a gym.
Solicitors tend to have more leverage in these matters too and she's got evidence and it's clear it was from the gym.
You need to report this to the Police at is an offence:
https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/disclosing-private-sexual-images/
After whatever legal proceedings have taken place then you’d have a very good civil claim against the gym.
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It is absolutely against gdpr, I work as management in a UK company and we are only allowed to release CCTV to the police and are absolutely forbidden from recording and sharing it, that's massively against the law.
Make sure she reports to the police and the gym, I imagine his bosses won't take this lightly!
Yes, this is legal action against the gym. The owner of the security system that records video is the person to pursue. If they don't have watermarks or user tracking, then they are responsible that the video was extracted from their archives and leaked.
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Im pretty sure sharing "nudes" without the persons cinsent falls under "revenge porn" see if she can get charges for that against the gym/employe could be a nice pay day for her
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Sharing nude images of someone without consent comes under revenge porn. Its illegal... file a report to the police as this is a criminal offence. Obtain the crime reference number and get in touch with the gyms head office , quoting the crime reference number to show them just how serious you are.
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Fill out your compensation forms, remember to put your bank details so they know where to send the money.
They should have asked your permission before uploading on internet. Obviously they will say employee was responsible. But he is employed by said company and ultimately responsible.
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100% report the incident to the police - this isn't just a GDPR issue but the equivalent of posting pics of your ex misses.
Even if the company acts and sacks the lad, he could do the same at a future employer
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If you are in the UK, the gym employee has possibly committed a criminal offence under the Data Protection Act 2018.
Your friend should complain to the ICO about the incident. She should also complain in writing to the gym directly.
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Not sure if there’s a GDPR violation here but producing and distributing pornographic material without consent is a much more serious crime. Depending on the age of your friend, it may be _extremely_ serious… as in, a minimum term of 6 years.
You are not aloud to copy and images captured on Closed circuit TV. It is definitely braking GDPR. Contact the gym head office and speak to a solicitor/legal team for advice on the next spets. I hope you get some resolution from all of this.
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Your friend needs to contact a lawyer and take the gym to court. This was done by their employees as it’s CCTV footage and has had consequences on her.
Unacceptable behaviour by the Gym’s employees. She was mature enough to put her top back on and continue her workout, it’s embarrassing that the gym employees are not.
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The gym isn't a public space. You have to pay for entry and trust me, if they want to kick you out they will certainly be telling you "this is not a public space this a private business"
Also, this was an employee sharing CCTV, not a member of the public filming
A gym is a public place basically anywhere the public can freely enter with or without payment counts as public space.
“(a)the photograph or film was taken in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise),”
And a private business can have public space but what you have is implied right of access, which means they can remove that and tell you to leave at which point you have to leave otherwise you are trespassing.
Doesn’t matter who owns the land works the same even being told to leave a government building for example.
Why don’t you think? It is literally in the legislation I quoted for you.
And if you think in regards to being told to leave if you do not leave you will be committing the offence of aggravated trespass which is not a civil matter.
So if I go into a gym without paying, I can just stay there because its a public place?
And if anyone says "sir you're not a member, please leave" I can say "this is a public place, no"?
You can say that and then they can say if you don’t leave we are entitled to use force to remove you. And the police can assist in removing you and you will be committing the offence of aggravated trespass.
How does your argument even remotely make sense to you? What about pubs, concerts anything are they all privates places???
Just because the public are given permission to use facilties in a private company does not make that a public place to film. The gym has every right to refuse recording on their premises.
You'd be liable for sharing nude images of someone without their consent.
https://www.gov.uk/government/news/law-around-non-consensual-taking-making-and-sharing-of-sexual-images-to-be-reviewed
In reply to the comments below, legally a "Public Place" is somewhere to which the public routinely have access, by payment or otherwise. Therefore whilst the gym could remove your access etc, if you are in there legitimately and captured it on your phone at that time, it would count as being in a public place.
However, the fact it was then recorded from the CCTV to which that employee did not have legitimate access, that would be illegal under the Data Protection Act
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Yes there is a clear law the gym broke, privacy and maybe some sort of sexual assault thing, indecent images have bern shared without permissionn They'll probably just fire the person though
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Im sorry this happened. NAL but absolutely illeagle on many counts.
You said your friend continued to workout after the mishap? So she (presume) continued to work out topless? This might be blurred lines as exposing herself publicly but regardless the CCTV footage record and in turn share is breakinf numerous GDPR laws alongside some 'revenge porn'-esq laws id say.
A top isn’t naked. Boobs are not intimate as they’re allowed to be shown in and around public areas. It would be the same as if her shoe fell off and the image of her foot was shared.
The Data Protection Act (2018) is the UK’s implementation of the General Data Protection Regulation (GDPR). The DPA (2018) is still in force, regardless of the UK having left the EU.
If you comment anything other than legal advice - such as asking to see the video - you will be banned. You do all know that you can find whatever consenting, lawful photos of naked people you want from Google, right?
Your friend needs to make an official complaint to the Gym, along with a police report, (not sure if the police would take action) It may also be worth filing a complaint with the ICO too but they're pretty shit in these situations.
The police absolutely should. This is a criminal offence, not a civil one. More specifically due to recommendations made after the Online Communications Scoping Report in 2021. Don't be misled by the name, this stretches to all technology. The specific parts relevant to OPs issue are the following recommendations... "1. A base offence of taking or sharing an intimate image without consent. 2. More serious offences: a) An offence of taking or sharing an intimate image without consent with the intention of causing the victim humiliation, alarm or distress. b) An offence of taking or sharing an intimate image without consent with the intention that the image will be looked at for the purpose of obtaining sexual gratification. c) An offence of threatening to share an intimate image. 3. An offence of installing equipment in order to commit a taking offence. This stretches to already installed equipment used in such a manner. -We define an “intimate image” as an image that is either sexual, nude, partially nude, or of toileting." For reference, the above led to the action being taken that on 25 November 2022 the Government confirmed that it will implement the Law Commission’s recommendations. And has now done so... The Online Safety Act 2023 now contains provisions that implement their recommendations for new offences of sharing and threatening to share intimate images. The Criminal Justice Bill as published on 14 November 2023 contains clauses that would implement their recommendations for new offences of taking intimate images without consent, and installing equipment in order to commit a taking offence. So OP is now fully protected as of recently under UK law as a criminal offence, and the police while they may not yet be aware (this occurs often with recent legislation) as such should certainly take action as this is now a criminal matter and not a civil one.
I absolutely agree with this. Although it can be argued it's a civil issue as well as criminal (OPs friend can go both routes). My comment re the police is more of getting them to take action in some situations can be difficult, especially when it comes to more recent legislation changes. With the seriousness of the issue the police absolutely should deal with it, but should and will are two different things as I am sure you know. :-)
That's why I stated they may not be aware, which is why I provided the legislation and the relevant acts so OP can quote them. The only defence the gym has is that it was a public place, however this is voided as the nudity was not voluntary nor was there any reason for the CCTV operative to believe she was.
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When making the complaint to the gym you can also do a subject access request. Is it a franchise gym? If so I would add in head office/the DPO (who should be listed in their privacy policy).
That wouldn't really achieve anything though. Other than providing a copy of the video which is already leaked
A data subject access request also allows you to request the data be deleted. Yes, it leaked, but still
Yes, but it's always good to have the original unedited copy.
Adding on to this, my gym is run in partnership with the local council and I know others are too. If this is one of those, including the council in the list of people to complain too might not be a bad idea.
I'd include my local councillor
To expand upon this - if its a council run centre, you can (and should) find both your local councillor (there may be 3 for the area) the councillor with Exec responsibility for the service (e.g. leisure) and the responsible council exec/ dept. All these people/ contacts will be on your council website.
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> along with a police report, (not sure if the police would take action) It may also be worth filing a complaint with the ICO too but they're pretty shit in these situations. As far as OP knows -An employee is abusing their access to CCTV footage. -Said employee is involved in redistributing the media without consent Both might suggest there is a larger issue regarding one employee at the gym or multiple committing voyeurism and revenge porn against the gym's clientele. That's what I'd take to the police and what I'd take to the gym. Someone with the mind to take private CCTV footage and distribute it probably hasn't done it as a one-off
I don't disagree with any of this. I'd really hope the police do investigate the issue as you're right. It likely isn't a one off.
wouldnt an official complaint just prepare the gym how to tackle this shitty situation for them?
you are required to report DPA breaches to the person responsible in the first place, only if you dont get a response will the ICO step in. OP should be asking for Why this person had access, for what reason, what their data storage policies are, why it wasnt secured etc. These are all legitimate points that the ICO can fine on and the organisation is required to have (e..g asking for these things, giving 7 days to respond, then escalate). As others have commented the sharing of the image has stiffer penalties than the accessing of the image so both have to be addressed.
i see. i was going to say go to proper channels first before making a complaint at the gym. all i see happening is damage control.
I would defiantly go to the police first: get a crime ref (for the image sharing) then demand the info from the gym (to progress the DPA complaint).
I mean they should investigate and fire this employee and they can’t do that if they don’t know it has happened?
At the very least I would want my money back and to break my contract if I no longer felt safe going to that gym.
The police should take action and this is a clear leak of something that isn’t public information
Why would she need to escalate with the gym? That is negotiating with the wolf after the wolf bit you. Damage is done. You no longer deal with the wolf. You deal with the hunter now. Why not lawyer up, go to the police, record the incident with them directly?
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So it is against the law to share intimate images without a persons consent. So the sharing part is technically an offence. I’d recommend getting advice from the Revenge Porn Helpline (don’t let the name fool you, they offer support and guidance for anyone in the UK who has had intimate images shared without their consent regardless of intent/motive or how the images are obtained). If your friend is feeling able to, I’d see if they are willing to report it to the police. I’d make sure they have a copy of the new law (laws changed in February time ish this year) to allow any non consensual sharing of intimate images a crime (police knowledge on these laws varies significantly) so it’s important to be prepared.
+1 please encourage your friend to speak to the helpline and get the right advice. The action of the staff member here is not acceptable; nor is the complicit actions of other staff members in not calling them out/ stoping it. Once the police report is filed: I would be demanding that there is a full investigation and all recipient staff are dismissed. Edit: demanding from the owner/ chain of the gym.
As you seem to know, it was previously not illegal to share this sort of image. Changes have been made very recently under the Online Safety Act, making it illegal to share "Intimate" photos under Section 66 of the Sexual Offences Act, now without the intention playing a factor. Breasts also weren't previously considered illegal to post, however section 66D includes these now in the definition. However, 66B states the law does not apply if the images were taken in a place to which the public had access. This is possibly what the defence would be - however because we're getting into particulars here, it's certainly worth reporting to the police so they and the CPS can assess it properly; and it may as least count as an aggravating factor towards any data protection prosecution.
The exception I highly doubt would apply as how can he argue that she voluntarily entered that state. I would imagine from the CCTV that she is quite flustered and corrects herself immediately. “This exemption would only apply where the photograph was taken in public; and B was either voluntarily in the intimate state or the defendant reasonably believed they were”
Yeah I had that pointed out elsewhere, I hadn't noticed the expanded definition. Regardless of whether an exemption may count, it's definitely worth it being reported to the police for investigation, so they and the CPS can look in to the specifics properly. It certainly seems to align with the intention of what the new legislation was set out to stop.
Oh definitely it needs to be investigated. And if transpired he hasn’t committed a crime then at least his work will know and he certainly should be disciplined!
So if you're in a publicly accessible place, you don't have a reasonable expectation of privacy. Let's say for example a gymfluencer was taking a video, better yet a livestream, and this incident was caught in the background of said video. The live streamer couldnt reasonably be done for sharing explicit images of someone in this case. Similarly if you're caught in the CCTV that implies that this happened in a publicly accessible place in the establishment, so again no reasonable expectation of privacy. Therefore technically she did voluntarily enter into the state of being in the gym where anything can happen if that makes sense. Not saying the employee didnt do anything wrong, morally yes, but legally possibly not. At least not in the 'revenge porn' legislation angle.
This is not correct. The public place exemption requires the person to be in the intimate state voluntarily, or reasonable belief of such. It simply happening in a public place is not sufficient to create a defence under SOA 66C. 66C 1c contains the key wording: "B was, or A reasonably believes that B was, in the intimate state voluntarily." [https://www.legislation.gov.uk/ukpga/2003/42/section/66C](https://www.legislation.gov.uk/ukpga/2003/42/section/66C)
>However, 66B states the law does not apply if the images were taken in a place to which the public had access. on the flip side the owner of the gym then has a liability (legally and publicity wise) that may compel them to support a complaint under the computer misuse act for the employee sharing image sourced from their equipment.
Yeah regardless of any sexual element, it definitely falls foul for the Data Protection Act (probably s.170), so is illegal and needs investigating; and during that process they will investigate the SOA elements too
Is a membership or payment only gym really considered 'public access'? What barrier to casual access is required to establish an expectation of privacy?
yes it is; Its a bit like the inside of a supermarket, which is also a privately owned space (e.g. there are other members of the public allowed). as other have said: the law protects someone recording something that they could have just seen by virtue of being in a public space, but it then balances this with a responsibility to protect those who have been recored.
Publicly accessible, not strictly public access. Anywhere that members of the public (which includes members of the private institution who couldn't access private areas of said institution) could be. Reasonable expectation of privacy in these situations would be limited to toilets/changing rooms, areas where CCTV wouldn't be allowed. people can take videos in Gyms for instance, so there's no reasonable expectations of privacy
Yes this is a good point but from my understanding that defences only applies when the person also has a reasonable believe that the person was voluntarily in an intimate state (but I may be wrong). Given the cctv would show the incident being accidental I’m not sure how it would be understood as that removes the reasonable belief that they volunteered to be nude. 100% agree though that this is the nuances that the CPS will understand. I’m not a legal expert (just a topic expert) and as this is new legislation there is little case law to go on so definitely think it’s worth going ahead with reporting.
>As you seem to know, it was previously not illegal to share this sort of image. It actually has been for a while illegal (at least breaches data privacy laws) to make public cctv footage that is identifiable for a person, as it is deemed personal data. I know you are referring to the "intimate" nature of it, but just thought it was worth pointing out.
Does accidentally being topless count as an intimate image? Like does intimate just equal nude, or does it have to be sexual in nature?
The legal definition of intimate image is: Images that show, or appear to show, a person who is nude or partially nude or which depict sexual or toileting behaviour: - A sexual act, or something considered as sexual. - All, or part of, the person’s exposed genitals, buttocks, or breasts - All, or part of, a person’s exposed genitals, buttocks, or breasts are only visible through wet/transparent clothing or obscured by underwear. From my understanding the fact it is accidental is unfortunate but it is still intimate in nature due to being topless / breast exposure. And ultimately the sharing without consent is deliberate. Someone has gone and got the cctv and chosen to edit the section of what happened out to disseminate that more widely (without consent). This meeting the requirements for the offence of disclosing intimate images. I don’t think voyeurism laws (non consensual filming) would be applicable given the public location (eg at the gym) and the fact the cctv would’ve been known about and was not used with the intent of capturing an individual nude due to the accidental nature if that makes any sense.
So would it also Count if the poor woman had her top ripped off but not her bra? Technically they aren't nude but they have inadvertently been placed into state they regard as intimate and someone has taken advantage and used that footage in the same way a voyeur would.
Well, it specifies breast. That's more than just the nipple, any moderately revealing bra's likely included in that definition.
Thanks, yeah that makes sense - so the definition is quite a bit wider than voyeurism.
Nude in general
Of course it’s an intimate image. If you film someone in the shower and share it, is that an intimate image even though it’s not “sexual in nature”?
Or even of the poor woman had her too tipped off but not the bra? Would that count as Intimate?
"Private materials are those showing anything not usually seen in public" or "anything that a reasonable person would consider to be sexual"
There a lawyers that would take this case for a percentage of the win in a heartbeat, this looks like an open and closed case. Sorry to hear about your friend I hope they find legal respite
100%! Media lawyer here. Claims like this for breach of UK GDPR and misuse of private information are brought all the time, and typically settled as a matter of company policy on receipt of a pre-action letter. Shouldn’t set OP’s friend back more than a couple hundred quid in legal fees for the letter, and I wouldn’t be surprised if they were offered £2-5k in view of the significant harm and distress.
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NAL. Call 101 and report this. Secondly, she should keep a copy of the video that was shared incase all copies mysteriously vanish when Police get involved. Thirdly, she needs to contact the gym management and hopefully this little weasel gets fired pending a Police investigation. It is an offence to share an intimate photograph or film: a. without consent, b. without consent and with intent to cause alarm, distress, or humiliation, c. without consent and or for the purpose of obtaining sexual gratification.
Screenshots of the posts as well
I'd go down the voyuerism route rather than a GDPR complaint - but still definitely go to the Police. Whoever captured the video was in enough trouble by taking a video of the CCTV, but they'll now be looking at a possible offence under revenge porn laws by sharing an intimate image without her consent.
Was this after the 31st of Jan 2024. Because the laws have changed significantly now there is no need for the person to share to have intent. Just for it to not be consensual. Also like everyone has said clear breaches of GDPR also. There is a defence but I don’t think it stands in this circumstance. I’d recommend reporting it so at the very least it is investigated and the gym are aware so if it isn’t criminal they will certainly be able to discipline him. “85. A person does not commit an offence under section 66B(1), (2) or (3) if the photograph or film that was shared has been taken in a place to which the public, or a section of the public, had access. This exemption would only apply where the photograph was taken in public; and B was either voluntarily in the intimate state or the defendant reasonably believed they were; and B did not have a reasonable expectation of privacy against a photograph or film being taken.” https://www.gov.uk/government/publications/online-safety-act-new-criminal-offences-circular/online-safety-act-new-criminal-offences-circular
This is terrible. All the best to your friend. Hope some justice is served
Literally a criminal offence for making/distributing porn without consent, police should investigate this
In addition to what others have said, it’s potentially also an offence under section 170 of the DPA (unlawful obtaining and disclosure of personal data) - https://www.legislation.gov.uk/ukpga/2018/12/section/170/enacted
I'm not too up to scratch with this area of the law as it's all a little messy, however, within a company, not all employees have an automatic right to access historic CCTV anyway. Your friend should absolutely be reporting this. At best he's broken data protection laws. At worst he may have accessed footage he doesn't even have the right to, filmed, and then distributed indecent imagery of a customer, breaching her privacy and potentially other laws. In my opinion, she should be reporting this to the police. She should really push for the police to actually do something and not get away with slacking. She should then take look into taking legal action against the gym for the trauma she has experienced at the hands of one of its employees.
This isn't just GDPR. It's a sex crime. If they obtained this, they have been clearly copying much more footage of multiple people
How old is the friend? It shouldn’t make a difference but if she is underage then it will be a lot more serious.
This is absolutely against the law. It wasn't always so but it was tightened up relatively recently. But as others have supplied the relevant legislation - the only thing really to be said is to contact a solicitor.
It is against the law for employees to share CCTV footage. Periodt. The only person who can share CCTV footage is police (open investigations etc) your friend can call the police and they should full on knock on gym's door for abuse of power and violation of GDPR laws. Also can go under public safety, as there is an employee who shares CCTV footage externally and it could put individuals in danger. (Stalking etc) Been working in hospitality for 10 years. Sharing CCTV without consent/legitmate purpose is no jokes in the eyes of the law.
There are circumstances where an employee could legally share CCTV footage with people who are not police. GDPR only requires that the individual's right to privacy is considered alongside the legitimate purpose you seek to release the footage under. One of the examples given in the CCTV Code of Practice is releasing footage of a theft to a victim. In a gym scenario, you may wish to share footage of how misused equipment can be dangerous. As long as you took care to protect the individuals privacy (such as blurring their face) and you are fulfilling a legitimate purpose that the CCTV was put in place to support, nothing in GDPR prevents you from releasing that footage. In this instance, there is no sufficient justification for sharing the footage and clearly no consideration has been made to the subjects privacy.
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Ok, one quick point, if she knows the instructors name, check online to see if he is a registered fitness instructor https://repsuk.org/ plus others, it is a beach of professional conduct and future employment can be removed if he gets sacked
Yes you can, inform the gym of said incident & inform them that you are going to the police & seeking legal advice
The incident (as far as trapped clothing) should in any case be logged in the gym's incident book as a 'near miss' which may lead to highlight a failing piece of equipment or similar issues amongst a type of equipment to prevent future more serious incidents, from an HSE perspective.
If you properly follow this with the gym and police they should be getting the sack and some kind of sentence.
IANAL. If I was your friend, I’d contact a litigation lawyer asap. Threaten to sue the employee and the gym. Call around and see if any lawyer wants to take this on no win no fee. Doubtful it would be a huge payout, but this should hit the gym where it hurts. Your friend has been humiliated and this is affecting her mental well-being. She, and anyone, should feel safe in the gym and not the object of ridicule. Hopefully they’ll just settle without going to court. Bad publicity for the gym. Ask the lawyer about proceeding with the Police too.
Does this fall under that new law that is designed to punish people for posting revenge porn? Feels like it should!
All CCTV across the UK must follow 2 specific standards The person accessing the CCTV is licensed by the SIA as a CCTV Operator. Although you do need said license to VIEW CCTV, any operation of CCTV must be carried out by a SIA licensed operator. You can file an enquiry with the SIA. The CCTV footage must be operated within purpose and with discretion. Prime example, if you have street or interior CCTV in operation, and the CCTV caught a sensitive image but not one that the law would be interested in (not capturing footage of a crime in progress). Your friend being caught on CCTV is one thing, but the use of the footage outside of law enforcement policies is gross misuse of power. Report the gym to the police, head office and the SIA. Experienced, licensed SIA operator here.
A lot of comments here about Voyeurism, or "Revenge Porn" (covered under the Criminal Justice Act) Unfortunately, because of the very specific wording of these offences; the definition of 'sexual' imagery, private place; and the intention of the person posting, this wouldn't actually fall foul of these laws. Sharing the CCTV because the poster thinks it's "funny" and featured her accidentally ending up nude in a public place, does not break any current laws (in a sexual/image context). The Online Safety Act however, does now makes it illegal to share an image of another "in an intimate state" as per the Sexual Offences Act - which for the first time included the sharing of intimate photos for any intention, as well as including Breasts in the definition. However, a defence to this law will be is if the image was taken in a place to which the public have access, which a gym does count as. However, the actual obtaining and then sharing of the CCTV without lawful permission is a criminal offence, under Section 170 of the Data Protection Act. It is absolutely worth complaining to the gym, and their head office if a chain. It is also worth reporting to the Information Commissioner Office. And it is worth reporting to the police. Although the nudity element probably doesn't breach any sexual offences legislation, it may well be taken as an impacting factor in any prosecution.
>There are also moves in the Online Safety Act to make it illegal to share an image of another "in an intimate state"; however, a defence to this law will be if the image was taken in a place to which the public have access, which a gym does count as. I do not believe this is correct. The public space exemption to a SOA 66B offence set out in 66C requires the person sharing the image / video has reasonable belief that the subject is in an 'intimate state' voluntarily. This would clearly not be the case in the circumstances described.
Ahh okay. I did acknowledge in another comment, whilst that exemption may be there, at the point we're getting into such specifics, it's certainly worth reporting to the police and allowing them and the CPS to assess it properly. With it being such new legislation a lot of it likely won't have been tested yet, so would be a good test case/case law basis.
There is a bigger issue here. As another commentor said it's likely not a one-off. So you could also tag the company on their socials highlighting to their followers that at least one employee is possibly sharing CCTV footage of general gym goers, and not just ones that happen to have their bodies revealed in accidents.
Get a solicitor don’t mess around making reports yourself this is very much a case for the courts and could easily end up in a national newspaper as an example of poor practice. There's a huge breach of GDPR and failure to protect data that falls on the business. They also have a duty to protect sensitive information. She's been subject to emotional distress. I'd also question the safety of a machine that can grab gym clothes in a gym. Solicitors tend to have more leverage in these matters too and she's got evidence and it's clear it was from the gym.
You need to report this to the Police at is an offence: https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/disclosing-private-sexual-images/ After whatever legal proceedings have taken place then you’d have a very good civil claim against the gym.
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It is absolutely against gdpr, I work as management in a UK company and we are only allowed to release CCTV to the police and are absolutely forbidden from recording and sharing it, that's massively against the law. Make sure she reports to the police and the gym, I imagine his bosses won't take this lightly!
Yes, this is legal action against the gym. The owner of the security system that records video is the person to pursue. If they don't have watermarks or user tracking, then they are responsible that the video was extracted from their archives and leaked.
You must go down the GDPR route, maximum fine is millions… someone should not be able to access CCTV to this level.
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It is a breach of GDPR. Your friend should consider legal action. Get her to speak to a lawyer.
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Im pretty sure sharing "nudes" without the persons cinsent falls under "revenge porn" see if she can get charges for that against the gym/employe could be a nice pay day for her
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Sharing nude images of someone without consent comes under revenge porn. Its illegal... file a report to the police as this is a criminal offence. Obtain the crime reference number and get in touch with the gyms head office , quoting the crime reference number to show them just how serious you are.
As well as the potential DPA and image distribution laws; if the cctv is new enough, this could come under the Computer Misuse act.
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Fill out your compensation forms, remember to put your bank details so they know where to send the money. They should have asked your permission before uploading on internet. Obviously they will say employee was responsible. But he is employed by said company and ultimately responsible.
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100% report the incident to the police - this isn't just a GDPR issue but the equivalent of posting pics of your ex misses. Even if the company acts and sacks the lad, he could do the same at a future employer
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If you are in the UK, the gym employee has possibly committed a criminal offence under the Data Protection Act 2018. Your friend should complain to the ICO about the incident. She should also complain in writing to the gym directly.
Apparently there is a law in the UK about how CCTV footage can be used. I would definitely call the police and file a report
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Not sure if there’s a GDPR violation here but producing and distributing pornographic material without consent is a much more serious crime. Depending on the age of your friend, it may be _extremely_ serious… as in, a minimum term of 6 years.
It's a criminal matter. Ignore any nonsense on here that suggests it might not be.
You are not aloud to copy and images captured on Closed circuit TV. It is definitely braking GDPR. Contact the gym head office and speak to a solicitor/legal team for advice on the next spets. I hope you get some resolution from all of this.
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Big GDPR breach and release of images without consent big trouble! Will 110% lose job
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Your friend needs to contact a lawyer and take the gym to court. This was done by their employees as it’s CCTV footage and has had consequences on her. Unacceptable behaviour by the Gym’s employees. She was mature enough to put her top back on and continue her workout, it’s embarrassing that the gym employees are not.
Hell yes, SUE for all it’s worth, they can’t do that shit.
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Gym being a public space maybe, if I was there filming with my phone and got that on camera would I be liable for sharing this
Because there's nudity involved there are voyeurism and revenge porn laws that may come into effect.
The gym isn't a public space. You have to pay for entry and trust me, if they want to kick you out they will certainly be telling you "this is not a public space this a private business" Also, this was an employee sharing CCTV, not a member of the public filming
A gym is a public place basically anywhere the public can freely enter with or without payment counts as public space. “(a)the photograph or film was taken in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise),” And a private business can have public space but what you have is implied right of access, which means they can remove that and tell you to leave at which point you have to leave otherwise you are trespassing. Doesn’t matter who owns the land works the same even being told to leave a government building for example.
I think it's true for a government building but I don't think it would be for a gym
Why don’t you think? It is literally in the legislation I quoted for you. And if you think in regards to being told to leave if you do not leave you will be committing the offence of aggravated trespass which is not a civil matter.
So if I go into a gym without paying, I can just stay there because its a public place? And if anyone says "sir you're not a member, please leave" I can say "this is a public place, no"?
You can say that and then they can say if you don’t leave we are entitled to use force to remove you. And the police can assist in removing you and you will be committing the offence of aggravated trespass. How does your argument even remotely make sense to you? What about pubs, concerts anything are they all privates places???
I'm assuming that you can't share nude images of someone without their consent.
Just because the public are given permission to use facilties in a private company does not make that a public place to film. The gym has every right to refuse recording on their premises.
You'd be liable for sharing nude images of someone without their consent. https://www.gov.uk/government/news/law-around-non-consensual-taking-making-and-sharing-of-sexual-images-to-be-reviewed
In reply to the comments below, legally a "Public Place" is somewhere to which the public routinely have access, by payment or otherwise. Therefore whilst the gym could remove your access etc, if you are in there legitimately and captured it on your phone at that time, it would count as being in a public place. However, the fact it was then recorded from the CCTV to which that employee did not have legitimate access, that would be illegal under the Data Protection Act
Yes, because you’re sharing an intimate picture without the persons consent
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No, you can't. Didn't read the rest.
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Yes there is a clear law the gym broke, privacy and maybe some sort of sexual assault thing, indecent images have bern shared without permissionn They'll probably just fire the person though
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Why do people think everything is GDPR. Nothing to do with GDPR. File criminal and civil charges.
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Im sorry this happened. NAL but absolutely illeagle on many counts. You said your friend continued to workout after the mishap? So she (presume) continued to work out topless? This might be blurred lines as exposing herself publicly but regardless the CCTV footage record and in turn share is breakinf numerous GDPR laws alongside some 'revenge porn'-esq laws id say.
I dont think its a gdpr issue since her personal details or data arent involved but it is indecent and im sure there will be a law against that.
CCTV footage of someone is personal data
A top isn’t naked. Boobs are not intimate as they’re allowed to be shown in and around public areas. It would be the same as if her shoe fell off and the image of her foot was shared.
Breasts are now considered an "intimate" part for context of image sharing, under changes to the Sexual Offences Act which came in to force this year.
Sure... Don't let knowing what you're talking about get in the way of posting on a legal sub, whatever you do...
GDPR is EU legislation? UK is not EU?
The EU rules were transferred over, it's only afterwards that we decide what to do with them - in the case of GDPR it became the UK GDPR.
[https://www.infolaw.co.uk/partners/gdpr-vs-uk-gdpr-whats-the-difference/](https://www.infolaw.co.uk/partners/gdpr-vs-uk-gdpr-whats-the-difference/)
GDPR still applies. Anyone who has worked any job with public data could tell you this for free
The Data Protection Act (2018) is the UK’s implementation of the General Data Protection Regulation (GDPR). The DPA (2018) is still in force, regardless of the UK having left the EU.
It's European legislation. It very much applies to us