Asda:Taking photographs of products breaks trading standards?

Hi there,

I had a strange experience today. On visiting Asda in Bedhampton, Hampshire, I discovered they had a promotion on very large adult sized trampolines. They had one out on display. Now recently a friend of mine who owned a trampoline explained to me she was sad it had broken. As I had my camera phone with me I thought I'd take a quick picture and message it to her to see if that was what she was after. I took the picture and instantly found an employee of Asda standing behind me. I was told that it was illegal to take photographs of Asda products within Asda stores. A little surprised, my reaction (not intended to be rude) was: "Seriously??" Two more Asda employees appeared behind her and told me that I'm on Asda property and if I didn't delete the photograph straight away, I was breaking the terms and conditions of being in the store and would have to leave. I explained that I'd taken the photograph as my friend wanted a trampoline and I wanted to show her what was available, and I asked why it was "illegal". I was told this was due to trading standards. I deleted the photograph and continued with my shopping. I did point out that they'd just lost a sale because of this, but they weren't interested.

Has anyone else experienced this? Is this illegal? Even if it was against the rules then surely there should be a sign up, and surely this is a bit of a knee-jerk reaction?
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Comments

  • hippey
    hippey Posts: 849 Forumite
    It's not illegal to take photos anywhere in public (okay a few exceptions apply) and you could argue that a supermarket open for business is a public place, the staff have no right to force you to delete the photo, and if you didn't they couldn't do a thing about it.

    They may well have thought your were from the competition doing some price matching etc etc.... Personally when people get like that I push them that bit further and go for the Act and Section they are referring to, that gets them all flustered!
    These are my thoughts and no one else's, so like any public forum advice - check it out before entering into contracts or spending your hard earned cash!

    I don't know everything, however I do try to point people in the right direction but at the end of the day you can only ever help yourself!
  • Foggster
    Foggster Posts: 1,023 Forumite
    Oh how funny! I am sure someone will come along and "have an act for that" but in the meantime I am just having a chuckle at how important these employees must have felt!!

    In theory, you cant take pics on private property, which the supermarket is, without the permission of the "owner" just like they have a duty of care if you got injured on their property just as a guest in your home would expect of you.

    However, they cant make you delete the photograph or search you or ask for your phone so its pretty academic. I would have asked the member of staff "what next" had you refused to delete the pics.

    I took a photograph the other day in Tesco and the cashier actively encouraged it because it was of a special offer!!!
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Alot of places discourage it because people will go and look for it cheaper elsewhere
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Foggster
    Foggster Posts: 1,023 Forumite
    Alot of places discourage it because people will go and look for it cheaper elsewhere

    Ahhhh there is an App for that! :rotfl:
  • cybergibbons
    cybergibbons Posts: 399 Forumite
    You are at the supermarket on their terms, so they can ask you to leave the shop at any time.

    There are a lot of people in this world who use the word "illegal" along with "data protection act", "!!!!!phile", "terrorist" and "will somebody please think of the children" if you start using a camera. All of it is crap.
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Foggster wrote: »

    In theory, you cant take pics on private property, which the supermarket is, without the permission of the "owner" just like they have a duty of care if you got injured on their property just as a guest in your home would expect of you.

    However, they cant make you delete the photograph or search you or ask for your phone so its pretty academic. I would have asked the member of staff "what next" had you refused to delete the pics.

    Actually, you CAN take photos on private property until they ask you not to. So, if a private property states 'no photography' then that is asking you not to....but if ASDA don't have a 'no photography' rule then until they ask it is perfectly fine to take photos.

    I suspect they don't want photos of this product as it is a load of c4ap and it could be used against them when it breaks.
  • joanne_d_3
    joanne_d_3 Posts: 715 Forumite
    Hi .

    Pleanty of shops must have this policy though because when my sister was pregnant with her son , we were in toys r us and she saw a pram which she liked .

    She wanted to take a picture on her mobile to show to her husband as he wasnt with us and as she tried to take the pic a toys r us employee almost had a fit !

    She warned us that we were NOT allowed to take pictures of any of their goods and that if we carried on doing it we would be asked to leave the store !

    Madness !
  • david39
    david39 Posts: 1,968 Forumite
    There was another thread on this board a few months ago where the poster had had a similar experience in one of the big electrical retailers stores.

    From that instance, and the two others mentioned here, it seems that the big retailers do have a policy of not wanting customers to photograph their goods, so there must be a valid reason for this to which they all subscribe.
  • Zazen999
    Zazen999 Posts: 6,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yeah - one very good reason

    They are idiots.

    End of.

    I'd like to see any of these retailers policies on photography and if asked to leave the store would do so; forever.

    The trick is to take the photo without making it look like you are taking a photo.

    When we were studying media, the tutor made us take a film inside a 'superstore'. With a proper broadcast film camera.

    If you put it up to your eyes and make it look like you are filming they go apoplectic; if you just carry it and make it look like you are shopping but carrying a camera, nobody notices. It ain't what you do it's the way that you do it....as they say.
  • glider3560
    glider3560 Posts: 4,115 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I've been told that photographing is "illegal" in that very store - the Asda in Havant/Bedhampton. I was simply photographing a special offer price tag as it hadn't come up on my receipt and I wanted some proof before I went to CS (I've had an experience in this store where the CS person has removed the price tag whilst I was waiting at the desk).

    When they told me to delete the photo, I told them that should they force me to delete the photograph, they would be committing criminal damage and I would call the police. I also said that they could call the police to arrest me for "illegally" photographing a shelf in their store. They backed down, obviously knowing that it isn't criminal to photograph on their land whereas forcing me to delete the photos would be.
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