Supermarket searches

Having a particular interest in citizens' rights, the article We're Watching You (August 8) caught my attention: a particular supermarket is fighting back against shoplifters by putting up signs stating that they reserve the right to search bags. Presuming that the incidents reported are true (raw fish hidden in handbags, hairdryer boxes found empty, 30 tubes of hair gel hidden in a baby's carrycot, etc) then I cannot blame the supermarket management for trying to counter the problem.

However, the supermarket's claim to search bags could have serious implications in terms of citizens' privacy and dignity.

The very fact of having one's bag searched is no doubt a humiliation (to the innocent shopper); if during the search security personnel dare spill the contents of your bag onto the counter even more so.

Other questions also come to mind: How will they choose the kind of person to search (in case of random searches)? What if dark-skinned foreigners start to claim that they are being victimised because they are being subjected to more searches than white persons?

We are all used to airport security, searches, etc. However, the supermarket is not an airport and there are no safety matters at risk. At airports, such measures are taken to defend the lives of hundreds of people from terrorist acts, hijacks, etc. On the other hand, in the supermarket the search is carried out to preserve the entity's own economic interests.

Therefore I question the supermarket's authority to carry out such searches. The fact that they put up signs stating that security personnel reserve the right to search bags implies that if a person does not accept this condition, he or she is to shop elsewhere. It could be interpreted as a precondition of entry and it could be argued that once you enter the premises, then you are accepting the condition and must submit to a search if asked to. On the other hand, where does this "right" stop? If shop owners start to suspect that people are hiding items on their persons, what will they do? Will they change the sign and reserve the right to search the person?

According to the same newspaper report (last paragraph) the supermarket does not have lockers and has no plans at present to introduce them. In my opinion the shopper should be offered the option of leaving their bags somewhere safe (in reply to an e-mail I sent directly to the supermarket in question, its management has informed me that they are considering this suggestion). Lockers of course will not solve the problem of hiding things in carrycots, infants' pushchairs, etc, but at least it's a start, a step in the right direction - it would not only reduce the need to search but it would also give the individual a choice, a chance to avoid being subjected to a humiliating search of his/her personal belongings.

My concern is that now that one supermarket has taken this course of action, other commercial premises might do the same. Once again, I repeat that I cannot blame them for taking steps to protect their interests. However, the citizen's rights to privacy and dignity must be respected too.

Dr Mifsud is involved in the publication of a free online journal dealing with citizens' rights: www.statecareandmore.eu