Invading privacy can cost you Dh500,000 in UAE

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Invading privacy can cost you Dh500,000 in UAE

Dubai - It is illegal to secretly video record or photograph in public.

By Ashish Mehta

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Published: Fri 25 Jan 2019, 12:01 PM

Question: I work and live in Dubai. I had a query and hope you could help me out. Are dashcams legal in the UAE? As in, if some vehicle hits mine, can the footage from the dashcam be used as evidence to claim insurance? Also, I have seen some illegal activities going on in my area. Can I secretly film them and share them with the authorities? What should I do?
Answer: Pursuant to your queries, it is not illegal in the UAE to use dashcams on your vehicles as it will help you or the police and authorities in case of road accidents to figure out who is at fault. The dashcams should be purchased only from authorised sellers based in the UAE and installed and operated as per the regulations prevailing in the UAE. Dashcam recording in the vehicle should not be misused and circulated in public or to defame the owners of the cars. It should only be used as evidence during accidents and any criminal offence, which occurs within or around the vehicle. 
It should be noted that one cannot secretly video record or photograph in public unless authorised by the local authorities. You should seek go-ahead of the public prosecution, as a whistleblower, that you intend to assist the local authorities in reporting them the illegal activities. The discretion rests with the public prosecution to approve your request and authorise you to record video or photograph secretly in public about illegal activities. It is apt that you report to the police regarding the illegal activities and inform them the location, so they will visit the site where these are being carried out based on your first-hand information. You should not record without the approval of public prosecution as you may yourself face criminal charges against you for recording video secretly in public. This is in accordance with Article 21 of the Federal Decree Law No. 5 of 2012 on combating cybercrimes, which states, "One shall be punished by imprisonment for a period of at least six months and a fine not less than Dh150,000 and not in excess of Dh500,000 or either of these two penalties if he/she 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:
One shall also be punished by imprisonment for a period of at least one year and a fine of not less than Dh250,000 and not in excess of Dh500,000 or either of these two penalties if one 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."
Further, Article 378 of the Federal Law No. 3 of 1987 on issuance of Penal Code of UAE, states, "Whoever publishes news, pictures or comments related to the secrets of private or family life of persons even if they are true, shall be punished by detention for a period not exceeding one year and by a fine not exceeding Dh10,000, or by one of these two penalties."
Know the law
Whoever uses a computer network or/and electronic information system or any information technology means for the invasion of privacy of another person shall be punished by imprisonment for a period of at least six months and a fine not less than Dh150,000 and not in excess of Dh500,000 or either of these two penalties.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore, and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai


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