Delivery drivers taking photos without informing me first

[silverback12345]

I hope this is the right forum, if not, please move.
Seems to be very common now for delivery drivers to take photos of the delivery, I don't object to a photo with the door slightly ajar showing someone is in accepting delivery, what really annoys me is taking a photograph of me in the doorway accepting the parcel without asking first or telling me they are going to take a photo.

Several times photos have shown my face, I know this because the photo has been emailed to me as proof of delivery. This morning, a delivery driver took a photo of me holding a parcel without asking first or informing me, I said "you should inform me if you are going to take a photograph" the reply "it doesn't show your face" that's not a good enough excuse. It is even more annoying when it's not even my delivery. I wonder how they will react if I start taking photos of them delivering parcels?

This might not seem much of an issue to most people, but it is to me.

Do they have to inform me or ask permission first before taking a photograph?

[islandgirl]

I do not get the problem if it does not show your face? They always state that they will only photograph the delivery. It is wrong if they show your face. The alternative I suppose is do not buy onlinie.

[echat11]

No doubt after a period of time, it gets destroyed. The number of parcels being delivered is 'ridiculous'.

[silverback12345]

I do not get the problem if it does not show your face? They always state that they will only photograph the delivery. It is wrong if they show your face. The alternative I suppose is do not buy onlinie.

As I said, "This might not seem much of an issue to most people, but it is to me" they should ask first its basic manners.

The alternative I suppose is do not buy onlinie.

You obviously would not know this, but I don't have much choice I have to shop online, it's difficult shopping in a wheelchair, especially if you can't self-propel.

[islandgirl]

Yes I now understand that it would be difficult for you not to buy online. The only solution I can think of is, as soon as you go to collect the parcel, state that you do not wish to appear in any photograph taken. Hopefully drivers will comply.

[wales01man]

We send out hundreds of parcel a month our couriers take photos of the parcel when collected and when delivered for proof of collection and delivery,if you do not wish to be photographed tell them otherewise they will carryon its how it works nowadays

[silverback12345]

Yes I now understand that it would be difficult for you not to buy online. The only solution I can think of is, as soon as you go to collect the parcel, state that you do not wish to appear in any photograph taken. Hopefully drivers will comply.

We send out hundreds of parcel a month our couriers take photos of the parcel when collected and when delivered for proof of collection and delivery,if you do not wish to be photographed tell them otherewise they will carryon its how it works nowadays

Unfortunately I don't get a chance to tell them, they are normally already getting impatient and knock (hammer) several times as it takes me longer to get to the door than able-bodied people, if I am upstairs I have to take the stair lift down, which isn't exactly a rapid descent. Often they have left the parcel on the doorstep and are on the path outside, as soon as I open the door they take a photo.

As I said in an earlier post I don't have a problem with them taking a photo with the door ajar, this proves delivery why do I have to be in the photo?, I do not want to be in the photo it's my home, and they should ask first for my consent.

[islandgirl]

I agree they should. I also agree that, as you say, they don't. I have no idea what you can do other than ask them not to as you open the door but I understand that is not easy.

[R0b]

The issues you raise are likely to engage data protection and privacy laws and your starting point would be to raise a complaint both to the seller/courier about your experience. Rather than send it through the houses via their customer service team, it might be best to send it directly to the data protection department or officer if they have one. Assuming they have a website, check the privacy policy which should provide details of who to contact for data protection matters.

I guess the second question is what are you actually seeking to achieve? Do you simply want them to remove the photo or are you looking for compensation as well?

As a general starting point, data protection and privacy laws give you a right to reasonable expectation of privacy. Taking photos of people private land without permission could be deemed a breach of a reasonable expectation of privacy. The image of that photo taken by the deliver driver would be, for data protection purposes, personal data as you can be identified.

The key question is whether or not the taking of that photo would be considered unlawful. If you are buying from well known businesses it is more than likely there will be terms and conditions around delivery that says photographs of the delivery may be taken as proof and the privacy policy may confirm that your face may be included - I would say that from my experience of deliveries, they normally take photos of the parcel with the door open and no higher than knee length but that's not to say it isn't already covered in the contract terms or the privacy policy.

If you were the buyer then the business/courier might argue that as part of the terms you agreed to the fact your face may be taken for evidence purposes but on a side note, I don't think that washes where someone is simply sitting in for the delivery on behalf of the buyer. Even if it is somehow covered in the contract, you could still argue that the full face/body photo was not necessary/unfair and disproportionate because proof of delivery did not require your face to be included, common delivery practices are to take photos of the parcel being delivered at the door, the right for them to photograph you is buried deep in the 'small print' which is a direct attack on your expectation of privacy on private land so any right to use your personal data in that way should have been brought to your attention more prominently (not suggesting any of these argument will stick at all but may be worth mentioning).

If there's nothing in the terms of policy that covers taking photos then that would probably amount to a breach of data protection laws because the business/courier is processing your personal data in a way you were not told about. Compensation wise, I wouldn't expect a lot on this occasion, maybe a couple of hundred pounds to make it go away or they may call your bluff and pay you bugger all and wait to see if you choose to take legal action. In that case, you will need to weigh up whether you think it's worth it.

Of course, if you notify them of your objection to the way proof of delivery photos are being taken, and they continue doing it despite them not being allowed to or agreeing not to do it in future, then compensation may be increased as a result. There's no hard and fast rule for compensation under data protection/privacy breaches so it is difficult to say what bracket you could fall into, but I would say don't expect a massive payout as the courts have already agreed compensation should be modest based on the factual circumstances of the case.

If you tell us who the business/courier is maybe we can help find out what their terms/policy says. Also if you want feedback on any draft letter/email feel free to post it up and we wil take a look.

[echat11]

As an example this is what DPD states: 17. PROOF OF DELIVERY

(a) Effective delivery of the Consignment (including the quantity of such Consignments) can be evidenced by:
(i) A photograph or Scan Record of the Consignment at a delivery location as set out in Condition 8; or
(ii) A signature confirming delivery from the Consignee or a person authorised on the Consignee's behalf, or a resident at the Delivery Address, or a Neighbour in accordance with Condition 8.

https://www.dpd.co.uk/standard_terms_and_conditions.jsp

[R0b]

Using DPD as an example, "Consignment" is defined in the terms as:

"Consignment" means goods contained in one Delivery Item or any number of Delivery Items that are sent together from exactly the same address at one time in one load by or for the same Customer bearing exactly the same Delivery Address.

By definition, the photograph should be of the parcel, not the person answering the door. Equally, looking at DPD's privacy policy, there is nothing in there to suggest that they require a photograph of the individual for evidence of delivery. Applying this to the current scenario, DPD/business would likely be processing the data unlawfully in the absence of any other valid explanation.

[MIKE770]

do not shop asda by the way if problem checkout self shows your face. even applying for a loan some use face recognition in application.

[echat11]

The OP is in a wheelchair, so the delivery driver hands the parcel to the OP, then takes the picture.
It's common practice for some delivery services to put the parcel on the ground, near the door, take picture, then ring the door bell, then drive off.

[MIKE770]

that is what happens when i get deliveries photo of parcel, driver probably thought handing to person wheel chair was a jesture of good will and doing his necessary photo of delivery

[islandgirl]

Yes - perhaps ask them to put the parcel on the floor before they take a photo and then they could hand it to you afterwards?