
Most of the population goes to shops. Some people rush to throw the first item they come across into their shopping cart, while others carefully study each label and even take pictures of the item on sale. When trying to take a picture of an item that interests them, such picky shoppers often run into the store's security service, which prohibits consumers from taking pictures and videos under the pretext of a trade secret or internal instructions.
Who is right in this situation?
The consumer is right. After all, a store is a public place, and you can take pictures in public places. In addition, in accordance with the Law "On the Protection of Consumer Rights", you not only have the full right to take pictures and videos, but also to present them as official proof of your purchase. After all, situations can be different, for example, if the price on the receipt does not match the price tag, the consumer can go and record it on camera. Or, if the buyer discovers that the product packaging date is incorrect or the product is expired, or perhaps the product's expiration date is normal, but the product turns out to be defective, this fact can and should also be recorded in order to be able to make a reasonable claim to the seller. It is also possible that the receipt for the product has been lost and for one reason or another it must be exchanged or returned, and if there are no witnesses to the purchase, then a photo or video recording can serve as evidence confirming the fact of purchase of the product. Also, in accordance with paragraph 2 of Article 20 of the Constitution of the Republic of Kazakhstan, everyone has the right to freely receive and disseminate information in any way not prohibited by law. At the same time, the regulatory legal acts governing public relations in the field of trade activities (the Law of the Republic of Kazakhstan "On Trade Activities", the Civil Code of the Republic of Kazakhstan, the Rules of Domestic Trade, approved by the order of the Acting Minister of National Economy) do not provide for restrictions on photographing goods. Moreover, paragraph 12 of Article 24 of the Law "On Protection of Consumer Rights" prohibits the seller from restricting the rights of consumers regarding the use of photography and video recording, except for cases provided for by the legislation of the Republic of Kazakhstan.
According to the legislation of our country, it is prohibited:
photography of objects in correctional institutions and pre-trial detention centers (shoot only with the permission of the administration);
photography of convicts (photography is possible with the permission of the convicts themselves);
photography in the courtroom (permitted with the permission of the presiding judge);
photography during proceedings on administrative offenses (possibly with the permission of the person conducting the proceedings).
That, in fact, is the entire list of prohibitions, there are no others. However, they have nothing to do with buyers.
Thus, dear consumers, if a store security guard tries to prohibit you from filming in the store for personal purposes, you can safely refer to the Laws of the Republic of Kazakhstan.
The Department of Trade and Consumer Protection in the Abay Region informs consumers that it considers consumer appeals received through the systems: E-tutynushy, E-otinish, Telegram bot and other means of communication.
You can get advice on consumer protection issues by calling 8 7222 35 34 22.
Department of Trade and Consumer Protection in the Abay Region