Invasion Privacy Accordance UAE Law Lawyer Dubai Lawyers Abu Dhabi
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THE INVASION OF PRIVACY IN ACCORDANCE WITH THE U.A.E. LAW
As per the Federal Law No. 5 of 2012 on combating cybercrimes
The spread of social media has made the Internet a public arena where everyone can meet, whether in the public or the private and family domain. Some activities of the users have led to some mistakes that are considered a crime in accordance with the law, such as publishing pictures or videos to others without their knowledge even the videos/ photos were correct, where information technology provided easy methods to commit such acts intentionally or unintentionally, which were classified as crimes by law.
Where the legislator intented to update the provisions of the law constantly to keep pace with the times and to confront the new crimes, which appeared as a result of the information revolution and modern means of communication.
Where the U.A.E. Law No. 5 of 2012 on combating cybercrimes has included several Articles that would provide legal protection for the privacy of others, where Article 21 of this law states as follows;” Shall be punished by imprisonment of a period of at least six months and a fine not less than one hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or and electronic information system or any information technology means for the invasion of privacy of another person in other than the cases allowed by the law and by any of the following ways:
1- Eavesdropping, interception, recording, transferring, transmitting or disclosure of conversations or communications, or audio or visual materials
2- Photographing others or creating, transferring, disclosing, copying or saving electronic photos.
3- Publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct”
It should be noted that the capture and publication of photographs must be done without the consent of the person filmed to be considered as a crime, but if the person agrees to take the picture and publish it electronically that does not criminalize the publisher, there are cases where the satisfaction of the person filming may be by default such as a presence in a public concert where the attendees are filmed to cover the concert, in this Case the photographed person cannot claim that the photograph has violated his or her privacy, unless the violation is particularly clear.
If a person filmed another person and published his photograph, and then a third person was found in the picture that was published, the court here shall decide whether the intent of the offender was to photograph this person intentionally, and publish his image or that was unintentionally. However if it was clear that the process of photography and publishing is done without the consent of the victim, such as filming a person who is involved in traffic accident, and publishes it on the Internet, the crime here is inevitably
It is worth noting that the legislator imposed punishment in the Case of amending the image or video clip with the intention to defame or offend another person in addition to the offense of the invasion of the privacy of others, as states in Article No. 21 “Shall also be punished by imprisonment for a period of at least one year and a fine not less than two hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses an electronic information system or any information technology means for amending or processing a record, photo or scene for the purpose of defamation of or offending another person or for attacking or invading his privacy”:
Therefore, according to the provisions of the law which criminalize the invasion of the privacy of others, so each user of the information network must be careful not to do such acts which are considered crimes, even if it was carried out spontaneously and without the intention to abuse.
The law criminalizes any act that would expose the privacy of others, undermining their reputation and defaming them.