Dr. Ghassan Arnous
Legal Advisor at Zayed Al Shamsi Advocates and Legal Consultants.

The right to privacy is one of the human rights guaranteed by the constitution, protected by laws, and emphasized in international conventions and declarations of human rights. It is defined as the right of a person to their private sphere, allowing them to live without interference from others. It includes the right to the natural privacy of the individual, enabling them to live in peace and tranquility without others intruding into their private life, as it is the duty of others to let them live in peace and security.

In the age of the information and communication revolution, violations of individuals’ privacy have become more varied. Therefore, the UAE legislator recognized the seriousness of this phenomenon and addressed it in Article (44) of Federal Decree-Law No. (34) of 2021 on Combating Rumors and Cybercrimes, which states: “Anyone who uses an information network, an electronic information system, or any technological means to violate the privacy of a person or the sanctity of the private or family life of individuals without consent and outside the legally permitted circumstances, in one of the following ways, shall be punished with imprisonment for a period not less than six months and a fine of not less than AED 150,000 and not more than AED 500,000, or one of these two penalties:

1. Eavesdropping, interception, recording, transmission, broadcasting, or disclosure of conversations, communications, or audio-visual materials.
2. Taking pictures of others in any public or private place, or preparing, transmitting, revealing, copying, or retaining electronic images.
3. Publishing news, electronic images, photographs, scenes, comments, data, or information—even if true and accurate—with the intent to harm the person.
4. Capturing images of the injured, deceased, or victims of accidents or disasters, and transmitting or publishing them without permission or consent from the relevant parties.
5. Tracking or monitoring the geographical location data of others, or disclosing, transmitting, revealing, copying, or retaining such data.

Additionally, anyone who uses an electronic information system or any technological means to make modifications or processing to a recording, image, or scene with the intent to defame or harm another person shall be punished with imprisonment for a period not less than one year and a fine of not less than AED 250,000 and not more than AED 500,000, or one of these two penalties.”

From the above-mentioned article, it is clear that the UAE legislator has made a strong effort to protect individuals’ privacy from all forms of violations, especially those occurring in the digital space and on social media platforms. It imposes severe penalties for all electronic violations of privacy, in order to combat this phenomenon and put an end to it.