The Firm has a presence across the UAE and its branch in the Emirate of Abu Dhabi (regulated by Abu Dhabi Judicial Department). Article 378 of the UAE Penal Code makes one liable if he violates the private or familial life of individuals, by perpetrating one of the following acts, unless authorised by law, or without the victim’s consent: /Type /Pages 2 0 obj “A person shall be punished by detention and the fine if he prejudices the privacy of the individual or family life by committing any of the following acts other than in the events as permitted by law or without the consent of the victim: a. to eavesdrop, record or transmit by any device of any kind whatsoever conversations in a private place or by way of telephone or any other device. The first question regarding the prohibition contained in Article 378 of the Penal Code and the penalties stated is explained essentially by the need of protection of the right of private intimacy of each person. /F5 249 0 R By doing so – recording the call without the other party’s consent or legal authorization (that has to be given by Public Prosecution, in advance, which in most cases is not easy to obtain), incurred the crime of breach of private life and was, eventually, convicted for the same. /Length 9163 (7) of 2016 which stated : Shall be sentenced to detention for a term not exceeding one year or a fine, to whoever came to his knowledge that a crime has been perpetrated and abstains to … /F2 240 0 R                                                                                                                                                                                …, Register your Email ID to subscribe to Court Uncourt. And when someone has an idea that is (or is believed to be) great’ the question is - how can…, “Don’t interrupt when someone else is speaking”. .n�M���d ���&�ނV)֍4С� /F3 243 0 R << Although it was recorded in a public place, the bodies of the victims were shown as well as the wreckage of the vehicle, a clear disregard for the privacy of those involved. Article 378 of the Penal Code, which was last amended by Federal Law No 34 of 2005, explains when somebody is violating the law. 34 of 2005, reads as under: The increase and trivialization of devices, models and means of recording, capturing or retaining private moments or familiar scenes has originated, to the same extent, an increase of violations of this article of the penal code. (3) of 1987 Promulgating the Penal Code . If the publication involves news, pictures or comments related to the secrets of the private or family life of persons even if they are true, the punishment shall be detention for a period not exceeding one year or by a fine not exceeding ten thousand dirhams, or both (Article 378, UAE Penal Code); finally, you may also be punished by detention for a period of at least three months or by a fine of at least five … >> “Under article 269 of the Law of Criminal Procedures, a conclusive judgment passed on the merits of a criminal action (whether relating to acquitting or convicting), will have probative (to seek proof or evidence) force or effect by which the criminal courts are bound. /F6 252 0 R 7/2016 dated 18/09/2016, and became as follows: (3) of 1987 of the Penal Code as amended by Federal Law No. The camera in such circumstances will be confiscated and the recordings destroyed, but the photographer maybe has to pay a fine. In October last year, Dubai introduced the new ‘data law’ which will allow the sharing of information between public sectors and for the benefit of the private…, Q1. Minister: Minister of Social Affairs. Post our meal, we suffered from a terrible bout of food poisoning. The Firm operates in other jurisdictions through its affiliates and associated offices. %PDF-1.5 ON ISSUANCE OF THE PENAL CODE We, Zayed Bin Sultan, President of the State of the United Arab Emirates, Having taken cognizance of the provisional constitution, Federal Law No. According to Article 378 of UAE Penal Code, taking photos and videos of people without their consent is invading their privacy. Federal Law No. In 2013 a similar case was reported by the media: a situation where the physical attack of a driver by a government official was filmed by another driver, whom later uploaded the video on Youtube. STA (the Firm) represents a group of internationally qualified counsels. A sexual harassment charge was added to federal law, building on an existing charge of “breaching the modesty of a woman” which only applied to women and acts of public sexual harassment. It is also important to refer that, in its last paragraph, the article 378 of the Penal Code also states that “the devices and other objects that may have been used in perpetrating the crime shall, in all cases, be confiscated and an order shall be given to erase all relative recordings and destroy the same.”. And it should be noted that most of the times the person who commits the crime does not know that he is participating in a criminal offense that can lead to detention and fine in addition to the ever-present possibility of a civil action for damages and compensation. In addition, The provisions of this Article have been amended by virtue of Article 1 of Federal Decree-Law No. /Contents 4 0 R 52/2006 dated 14/12/2006. (1) of 1972 Concerning the Functions of the Ministers, the Powers of Ministries and the laws amending it,. Article 378 (and 379?) I went to a restaurant last week with my family. /F1 237 0 R UAE Law No. >> /MediaBox [0 0 612 792] /Kids [ 3 0 R 6 0 R 9 0 R 12 0 R 15 0 R 18 0 R 21 0 R 24 0 R 27 0 R 30 0 R 33 0 R 36 0 R 39 0 R 42 0 R 45 0 R 48 0 R 51 0 R 54 0 R 57 0 R 60 0 R 63 0 R 66 0 R 69 0 R 72 0 R 75 0 R 78 0 R 81 0 R 84 0 R 87 0 R 90 0 R 93 0 R 96 0 R 99 0 R 102 0 R 105 0 R 108 0 R 111 0 R 114 0 R 117 0 R 120 0 R 123 0 R 126 0 R 129 0 R 132 0 R 135 0 R 138 0 R 141 0 R 144 0 R 147 0 R 150 0 R 153 0 R 156 0 R 159 0 R 162 0 R 165 0 R 168 0 R 171 0 R 174 0 R 177 0 R 180 0 R 183 0 R 186 0 R 189 0 R 192 0 R 195 0 R 198 0 R 201 0 R 204 0 R 207 0 R 210 0 R 213 0 R 216 0 R 219 0 R 222 0 R 225 0 R 228 0 R 231 0 R ] >> The United Arab Emirates, although is relatively newly regulated legal market, has witnessed a considerable number of violations of this penal code article – the huge amount of available technological devices leads to an obvious increase of situations in which private intimacy is breached, through recorded telephone calls, in-person conversations recorded by video capturing sound and image, that later will be used or published without consent of the victim. Breach of privacy through the illegal (without consent) recording of or listening to private conversations those related to private and family lives of individuals, as well as the crime arises through the publication of such information (even if the published information was true), as stipulated in article 378 of the Penal Code; Liabilities of Bail Guarantor under the UAE Criminal Law, The Law Surrounding Eavesdropping, and Privacy, Extension of Time in Construction Contracts, Implications of Bounced/Dishonoured Cheques under UAE Law, Key Decisions on Dubai Property Laws between 2009 and 2013 by Dubai Court of Cassation, ADCCAC - The Abu Dhabi Commercial Conciliation & Arbitration Center, Vessel Arrest - Overview of Dubai and UAE Laws, Att(H)ack - Anti Cyber Crime Law in Saudi Arabia, Registration and Importation of Pharmaceuticals in UAE. Article 380 of the Penal Code provides that anyone who opens correspondence without the consent of the intended recipient, or overhears a telephone call, also commits an offence. Article 378 of the UAE Penal Code clearly states that taking a person’s picture without their consent is considered an invasion of that person’s privacy. According to Article 378 of the UAE Penal Code, taking photos and videos of people without their consent is invading their privacy. b. to take or transmit by any device of any kind whatsoever a photo of a person in a private place…” If such acts as set forth in the preceding cases during a meeting in front of those present at the meeting, the consent of such persons shall be presumed. Federal Law No. The UAE Penal Code punishes anyone who holds a secret because of his profession or position and discloses it other than when legally permitted or uses it … No official English translation of Article 257 is available. /Count 77 endobj Continue reading this interesting article to understand the nuances and legal effects…, I'm sure someone has told you, "I have an idea"! ���O�i�U@TC-��&�/ԙP�f����e ���Ta���z� ���~bO��.$pmu#�n����=R ��S rX;�K�9T����� �?=}��@�C�Y��e��Y䝽�7��D�&�>�`�\��LP(��:�3���+�GXW����?ǺRC�AZe@�u����׍�t�V5�b]9��`���x1+́�+����j��_��n�B�ϰZ�����* �����f�!��П����� � �+9�ru�4B��i0g$4�]*Hે�ʫ�F� J�wrmC?��$4��U�>�����z��l�俲S��M�~����ؘ���a(���]�0��n`�Ajo�� ���4A��S�-�_ad��|��}�9U�:����s_yd\�-��"�Y�x������Z���1T����c=���Uh�M,�eV0(cRX�0�b8�;A�B��)%%�nWE�b� Z���a�?�d������}��5�F`&�bh���F �ir�B+�V��[5V't�u���i����A�J���Z]��c�S $�+�V����(���^R��m�+�����5��Z�-H��e��_b��4�wG�I#*���H�;h������f�5��t���U�t�rVO*K�   endobj List of laws often searched for in the UAE. “Fingerprints cannot lie, but liars can make fingerprints. 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