A data protection law expert said that if the company is sure of its ground the people pictured may not be able to force the withdrawal of the images on privacy grounds.
"Below are a series of images of people suspected of criminal activity in Home Bargains stores," says a TJ Morris web page entitled 'Crime Busters'. "We are keen to identify them and pass their details onto the police. We are offering a reward of up to £500 per instance, for information leading to the arrest and successful prosecution."
Images of seven people are displayed on the page in colour still photographs taken from CCTV footage.
Information law specialist Rosemary Jay of Pinsent Masons, the law firm behind OUT-LAW.COM, said that the publication of the images may well be acceptable under privacy legislation the Data Protection Act.
"The question is whether the publication is 'proportionate' balancing the rights of the store and the rights of the people shown," she said. "If the store is sure that these people were committing crimes and has taken every care on that then they may be able to point to a justification."
"They would have to make sure the photos came down as soon as the person was identified," said Jay.
The Human Rights Act (HRA) contains protection for the right to a private and family life and has been interpreted by the courts as conferring on people some privacy rights.
"TJ Morris are not directly bound by the HRA as they are a private entity," said Jay. "But someone who wanted to dispute the publication could do so by raising a complaint under the Data Protection Act (DPA) and arguing that the DPA should be interpreted in accord with the right of privacy in the HRA."
Even that, though, might not be enough to stop publication, said Jay.
"However the HRA allows the invasion of privacy where it is proportionate and is lawful and is to protect the rights and freedoms of others," she said. "The DPA allows processing where it is fair (where people have been told [about the CCTV]) or there is a good justification to process to prevent or detect crime or catch criminals."
If it publishes pictures of people who did not commit any criminal act, though, it could face defamation proceedings from aggrieved customers who feel their reputation has been damaged.
Joe Morris, the operations director of the company, told trade magazine The Grocer that he hoped the action would discourage shoplifters.
"We want to show that we won't just roll over if people come to our stores to commit a crime," he said. "We will do, and are doing, as much as we can to prevent it. Retail shrinkage is a big issue and we're trying to address it as efficiently as we can. We have spent a lot of money on CCTV and this will hopefully make those tempted to shoplift think again."
