Introduction:
In today's world, violations of individual privacy and secret disclosure are a serious problem. It may be eavesdropping, interception, recording, and the spreading of personal information without the consent of the other party. In the UAE, crime related to individual privacy is regulated by the UAE cybercrime law as well as the UAE penal code law.
What is a breach of personal information and data?
As per article 6, the Federal Decree-Law No. (34) of 2021 (cybercrimes law) strictly prohibits the illicit access and misuse of personal data and information. Breach of personal information and data means unauthorized access, acquisition, modification, damage, disclosure, leakage, cancellation, deletion, copying, publication, or re-publication of electronic personal data or information using information technology. This violation may result in imprisonment of not less than six months or a fine of AED 20,000 to 100,000. The penalties may double if the data or information is related to medical records, bank accounts, or electronic payments. Furthermore, receiving, keeping, storing, or using such data with knowledge of its illegal acquisition may lead to imprisonment and penalties.
What are the consequences of disclosing personal secrets and violating privacy?
Article 44 of the cybercrimes law prohibits unauthorized use of information technology to breach privacy or family life and may face imprisonment for not more than six months as well as a fine of AED 150,000 to 500,000. The same article states that actions such as eavesdropping, interception, recording conversations, and the spreading of private information without consent may also be prohibited. Furthermore, the law prohibits the illicit sharing of photos of victims of accidents or incidents, deceased individuals, or casualties. Altering or editing recordings or photos with the intent to damage or abuse someone may result in imprisonment for at least one year along with a fine ranging from AED 250,000 to 500,000.
In addition to this, Article 431 of Federal Decree-Law No. 31 of 2021 (penal code law) further criminalizes acts that infringe upon an individual's right to privacy and family life. The penalties may be imposed for unauthorized interference in personal space, including acts like eavesdropping, recording private conversations, and taking pictures without consent. This law restricts sharing someone’s personal or family’s information without their consent, and it may impose fines and imprisonment. Additionally, devices can be confiscated, and they can be instructed to delete the recording. Additionally, Article 432 stipulates the unlawful disclosure of secrets by individuals who have access due to their profession or status. Opening someone’s letters or eavesdropping on calls without their consent may also result in fines and potential imprisonment as per Article 433. Additionally, Article 434 specifies penalties for illicitly replicating or sharing the confidential information obtained through one's duty.
Conclusion:
By understanding these laws, individuals can protect their privacy and prevent someone from interfering in their personal lives. Engaging in these actions without consent may lead to significant penalties, including imprisonment and fines.