Going shopping seems like a simple routine, but it can hide unexpected situations that cause some discomfort among customers and workers. The environment of a supermarket, where many people pass through every day, raises questions about safety, individual rights and even what each person can or cannot do within that commercial space. In this article, we will explain a practice that many have already experienced when leaving the supermarket and about which the law is quite objective.
In Portugal, one of the issues that raises the most doubts is related to requests to check the inside of backpacks or bags.
Although it may seem like a standard procedure, the law is very clear: privacy and personal property are protected by the Constitution of the Portuguese Republic, which guarantees in article 26 the right to reserve private life.
What employees are allowed
Cashiers or other employees do not have any legal authority to force a customer to open a bag. They can just ask politely, but the consumer always retains the final decision. If you refuse, you cannot be pressured or placed in humiliating situations, at risk of violating your rights.
Role of private security guards
Law No. 34/2013, of May 16, defines the duties of security guards. In case of duly substantiated suspicion, they can ask for the customer’s collaboration, but they still have no legitimacy to search bags, whether on the way out or inside the supermarket.
If the client does not agree to cooperate, they are only allowed to retain the person for the time strictly necessary until the police arrive, as established in article 19.
Intervention by authorities
The search of personal objects is the exclusive responsibility of the security forces, in situations provided for by law and always with respect for fundamental guarantees. Article 18 of the Constitution reinforces that only the law can restrict rights, and only in clearly indicated cases.
Physical magazines: very strict rules
As for physical searches, neither employees nor private security guards can carry them out. Only the PSP or the GNR, in specific contexts, can carry out this measure, and even then following very defined conditions: it must be carried out by a person of the same sex, in a reserved space, without humiliation and only for the necessary period.
According to , there is no room for interpretation: supermarkets cannot force customers to show what they are carrying with them. Employees can ask, but not force. Security guards have limited powers and always depend on police intervention when there is a refusal. The protection of privacy and personal property is guaranteed by the Constitution and the Private Security Law, ensuring that consumers are not exposed to abuse.
This practice across Europe
Please note, as a matter of curiosity, that in several European countries, such as France and Germany, similar practices have generated intense public debates about privacy, leading to legislative reinforcements very similar to those in Portugal.
Some supermarkets already use artificial intelligence systems to prevent theft without needing to approach customers directly. These technologies analyze behavior patterns, avoiding embarrassing situations and reducing human errors.
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