Except they didn't. What got uploaded to YouTube was a cell phone video of a monitor screen.
CCTV security footage in that mall is still private footage, and access to it was strictly controlled. Can you just walk into any CCTV security booth and casually start filming the screens with your phone?
Yes some CCTV is publicly displayed on public monitors, but we are talking here about some guards sitting in a closed room, where access is controlled, and someone in that room filming that footage and making it public, which is against the rules of their employment, and against the rules of that mall.
Your example may or not be correct, but it's a different situation. This is more like filming the security footage of a performer in a concert and putting that on youtube without the performer's permission. But that's quite a clear example. Stupid fountain lady here is one of these borderline cases.You may quibble over the difference, but in terms of copyright law, it's illegal to make a copy of a CD, but perfectly legal to record the song off the radio.
Valid point, which is part of what makes this case interesting. She could argue that these people who know her might recognise her from her clothes, walk etc.There's no way to identify this woman from the tape.
The central part of the case is the breach of employment rules by the mall staff in the CCTV room. BBC has an article here making much the same points about fountain lady.
http://www.bbc.co.uk/blogs/thereporters/rorycellanjones/2011/01/pratfalls_on_cctv_public_prope.html