Often people who want to take pictures or photograph something in a store are met with a lack of understanding on the part of the store staff. Such buyers are kicked out by security guards or managers, demanding that the footage be removed, blacklisted, and not allowed to enter the store. But whose actions are actually legal?
To understand the question of whether it is possible to use gadgets for photography and video filming on the territory of a retail outlet, you need to understand what the concept of "store" includes.
FZ-381 tells us that in order to carry out retail trading activities, a legal entity or an individual with the status of an individual entrepreneur acquires a stationary or non-stationary object (building, part of a building, structure, part of a building, structure, structure). This activity itself is carried out exclusively on the area of the shopping facility. This is the layout and demonstration of the product range, service and advice to buyers, making cash settlements with them.
That is, in fact, a store is a public place where anyone can enter, look at the product, touch it with their hands and even try it on in certain cases. That is, a potential buyer has the right to familiarize himself with everything that is in the hall, to take specific actions in relation to the displayed product without paying in advance for its full or partial cost. The price tags and the amounts prescribed for them are also included in the general atmosphere of the retail space and are subject to preliminary study. This includes photography and video filming.
This is spelled out in Art. 29 of the Constitution of the Russian Federation. She points out that every citizen has the right to receive information by any legal means that do not contradict legal norms. An exception is data that is a trade secret.
In Art. 6 of the Law "On Protection of Consumer Rights" does not specify exactly how the photographer can dispose of the information received, and there are no penalties for disseminating information about the goods and services of the outlet.
Even in the event that a representative of a competing company appears on the territory of a retail outlet to study and fix the assortment and pricing policy, obstruction of his actions will be illegal and regarded as an abuse of office, which may subsequently entail a large fine for the store administration.
Is it possible to photograph buyers
Based on Art. 152.1 of the Civil Code of the Russian Federation, without the prior consent of a citizen, it is impossible to carry out a photo or video shooting in his relation. This follows from the constitutionally enshrined principle of privacy.
In the case of a retail outlet, a hit, if an ordinary buyer gets into the frame while shooting, the purpose of which is to capture the general situation and assortment, and not a specific person, it cannot be considered illegal. The store is a public place, therefore, the fixation of other buyers against the background of the goods of interest for personal use can be carried out by any person.
What and why shouldn't be filmed in the retail space
All data and information related to calculations and forecasts for the economic activity of the organization, estimates and data of accounting documents, information from the personnel department can be attributed to the trade secret of a point of sale.
Labels and exclusive design methods for decorating the appearance of the hall employees, showcases and the placement of the assortment are allowed to be fixed with gadgets, but use for purposes other than personal, including for duplication in other retail outlets, is illegal and entails liability, up to judicial proceedings.
What to do in case of exceeding official powers by personnel
Most consumers do not know their rights, which is what shop workers use.It is unlawful for retail staff to request that they stop filming indoors. You can do as required to avoid a scandal, but if the actions of security guards or consultants become aggressive (foul language, an attempt to snatch a photo or video recording device, assault), it is worth calling the police and a representative of the consumer protection society to fix the violation of rights and attract the store administration to responsibility.
If employees show aggression, it is worth recording the conversation, and, if possible, filming everything that happens so that no controversial situations arise, and there is evidence of abuse of authority by the staff of the outlet. As a rule, when the store is faced with customers who are aware of their rights and responsibilities of the store, the conflict is quickly resolved. This is due to fears not only of administrative liability for the entire outlet, but also of criminal liability for the employee who committed the violation.