“Photography is prohibited,” “This is private property.” Such words can be heard from security guards or store employees. Many citizens, seeing the serious faces of the controllers and hearing their “legitimate” demand, turn off the cameras of their mobile phones. We will examine the question in more detail: is it possible to shoot in a store? How legitimate are the ban requirements really valid? This will be discussed later.
The "legitimate" arguments of store employees
As a rule, employees of small shops and trade pavilions begin to worry when they see a video camera. Like, what happened? Although with the development of technology, a camera appeared on almost all mobile devices. Therefore, when you see the phone you are shooting at, it is unlikely that anyone will be surprised. But you will not hear any special objections from the employees.
Another thing is large retail chains. Their employees are so serious that they establish their laws and require visitors to comply with them. To the question “can I shoot on camera in the store?”, As a rule, you will hear a definitive no.
But what arguments are given? We list the main ones:
- “This is private property. You have no right to shoot. ” Here is one of the most common arguments. It is usually already prepared in advance and is designed for legally unprepared citizens. They heard that there is the concept of "private property." They rightly know that their apartment or house falls into this legal category. But they mistakenly believe that “private property” is an identical concept with “private enterprise”. Terrible employees who want to call the police inspire this confidence even more. We will deal with this in more detail below.
- "Filming is prohibited, because it violates the law on commercial secrets." It's pretty stupid, of course, to hear that, but some citizens have to. The question arises, but what, in fact, is a secret? Prices? Product? Counters?
- “Filming violates the rights of other visitors and employees.” This argument sounds quite significant. And most importantly - you can really violate the rights of others when shooting. But how much this corresponds to reality, we will also analyze in more detail.
- Other reasons. They mean completely illegal prohibitions on shooting. For example, “I said so,” “it is written there on the wall,” etc. I would like to object to the last argument that the fence is also written, but we will not talk about it.
Is the store a private property?
Is it possible to rent in a store when employees forbid, citing an argument about frequent ownership? The answer is yes. Can.
The shop is truly private property. For many, this can be bewildering now. Then why is it possible? The fact is that this concept falls under legal regulation in terms of relations with other legal entities. For example, between a store and a state. No one has the right to go outside the trading floor, to utility or utility rooms without appropriate permission, for example, without the sanction of a prosecutor, etc.
An example of applying the concept of "private property" to the store
We give a life example that explains when the concept of private property is applied.
In the utility room of one of the points of the trading network, water systems of a private house were located. The store was located on the ground floor. There was a conflict between the owners of the outlet and the management company (they did not agree on the price for heating). Cold water turned off in the house (the tap from it was located in the storehouse). Who gave the utility room with infrastructure elements is, of course, a fair question. But at the moment, the entry of employees of the management company without judicial or other other permission violates the private property of the store.
Trading Hall - Public Place
As for the trading floor, this is a public place, no matter what the security people say. A street, a store (its trading part), hospitals, schools, etc. These are all public places, or places of a social contract. Therefore, to the question whether it is possible to rent in the store, we answer: yes, this is allowed. But only where the shop windows are located. It is impossible to enter the utility room without the permission of the administration.
Let's turn to the law
Need a legislative act? Art. 14.8 Administrative Code. The consumer has the right to receive information about the product in any legal way. Including using photo or video.
There may be several reasons for this:
- "For memory."
- Report a violation by the store. For example, expired goods, products of inadequate quality, etc.
- Price monitoring, etc.
Want to call the police? What to do?
If during the shooting the guards threaten the police, fines and other “legitimate” things - agree, let them call, but do not stop shooting. No need to prove anything to anyone.
Often, store employees themselves are aware of the voidness of their threat, but internal instructions oblige scare naive simpletons.
Use of force
Another thing is the use of force in order to pick up a camera or interfere with video recording.
Such actions are absolutely illegal. They fall under the category of "robbery", namely, "open theft of another's property" (Article 161 of the Criminal Code of the Russian Federation). The punishment for such actions is very serious. Remind the guard about this.
If the store’s employees simply interfere with the shooting (close the review, do not let pass, etc.) - tell them about Art. 203 of the Criminal Code. Exceeding the authority of security personnel. Do not forget to ask for your ID. The security officer must have it without fail. If there is no ID, this is equivalent to the fact that you are detained by guys from the street, not the guards. The breastplate with the name and surname is not an official identity card, it is also necessary to remind the employee.
Illegal actions of police officers
If a police officer prohibits filming, this is an abuse of power. The actions are as follows:
- A call to the helpline with a detailed explanation of what is happening. Remember: all conversations on this phone are recorded and fall into the service of their own security. This is a kind of "police for the police." Calling them is a serious thing.
- Application to the prosecutor for police actions under Art. 286 of the Criminal Code.
Can I shoot in a store: Russia protects trade secrets?
Now a little about another ban argument. Can I take pictures on the phone in the store when employees are forbidden, based on the law on trade secrets? Indeed, Russia is a legal state. It protects entrepreneurs from unfair competition by introducing the concept of "trade secret." But this does not apply to products that are sold in the store in the public domain.
On the contrary, according to the Law on the Protection of Consumer Rights, buyers are required to know what they are buying. They also have the right to collect information about the product by any legal means. Photography and video are such.
“Do not remove me, you have no right”
This phrase can often be heard when shooting in the store.
Indeed, store employees are right when they say this. No one has the right to remove them without permission. But there are several nuances:
- Violation of the rights of citizens (including employees) occurs when a person with a camera purposefully walks on his heels. That is, the attacker came to the store in order to remove the guard.
- If a person accidentally hits the lens, there are no violations of the law. Especially when the guard intentionally hits the lens, preventing the video. That is, a paradoxical situation. The employee voluntarily approaches the “operator”, and then claims a violation of his rights.
- A store (trading floor) is a public place. Shooting people (including employees) is allowed. You can justifiably counter an objection that their camera (now available in almost all supermarkets) violates your rights. Why can you capture on video, but they are not? We think that they themselves will guess whether it is possible to remove the security guard in the store.
And what about the neighbors in the Customs Union? Can I shoot in stores in Belarus and Kazakhstan?
We hope that it’s clear about Russia. What about the neighbors? Can I shoot in a store in Kazakhstan?
The Civil Code of the Republic of Kazakhstan also allows photo and video shooting in trading floors. In the Law they are called “places of social contract”. Ordinary citizens (employees) can also be removed. There, the law is even more “democratic” than in Russia. It is forbidden to “use images without permission of the owner”. That is, publish in the media, distribute, sell, etc. But we are not talking about a ban on the filming itself. Therefore, to the question whether it is possible to shoot in a store in Kazakhstan, the answer is yes. It is allowed. And not only in the store.
Now let's move on to Belarus. Can I shoot in a store there? In this country, everything is quite interesting. In Belarus, the store owner himself sets “his own rules” for visiting. Wanted - allowed, no - forbidden. You can refer to the Constitution of the Republic of Belarus, according to which citizens cannot be removed without their consent. That is, in Kazakhstan it is forbidden only to use the image, in Russia, if a person accidentally fell into the frame, there is no violation, in Belarus everything is different. You can’t shoot random people, which means that store owners can legally prohibit doing this by writing it in internal rules under the pretext of protecting visitors.