Can I file a case if someone posted my photos without consent?
■ A month ago, my wife and I were swimming in the sea, and a friend told me that someone had posted our photos on social media in our swimsuits. My question: What is the appropriate action to be taken against the person who committed this act, and can he be prosecuted? Can we claim financial and moral compensation? Please advise.
The new UAE Cyber Law criminalises whoever uses a network with the intention of invading the privacy of another person’s private or family life without consent. You have the right to file a criminal case against the one who did this. Article 44 (Disclosure of Secrets and Violation of Privacy) of the UAE Federal Law by Decree No. 34 of 2021 (the new law) on Countering Rumours and Cybercrimes, stipulates: (A violator) “shall be punished with imprisonment for a period of no less than 6 months and a fine of not less than Dh150,000 and not more than Dh500,000, or either of these two penalties, (if he/she) uses a computer network, electronic information system, or one of the means of information technology, with the intent of attacking a person’s privacy or the sanctity of the private or family life of individuals without consent.”
Also punishable by law are:
■ Overhearing, interception, recording, transmission, broadcasting, or disclosure of conversations, communications, or audio or visual materials.
■ Taking pictures of others in any public or private place, preparing electronic pictures, transferring them, revealing them, copying them, or keeping them.
■ Publishing news, electronic pictures, photographs, scenes, comments, data or information, even if they are correct and real, with the intent of harming a person.
■ Taking pictures of the injured, the dead, or the victims of accidents or disasters, and transferring or publishing them without the permission or approval of the concerned parties.
■ Tracking, monitoring, disclosing, transferring, revealing, copying, or keeping geographical location data for others.
The penalty is imprisonment for a period of no less than a year and a fine of not less than Dh250,000 and not more than Dh500,000, or either of these two.
For the second question, you have the right to claim a temporary financial and moral compensation before the criminal court but usually the criminal court will transfer this civil part of the case to the civil court to take the decision.
You have also the right to claim such compensation before the civil court especially in the event the criminal court finds the accused guilty. The court will estimate the compensation as per the damages occurred.
Company data leaked
■ I own a company. A month ago, one of the employees leaked data about a company deal. It was revealed to me through emails sent from the employee’s laptop, which led to great damage to the company. My question: What is the appropriate action to take against this employee, and do I have the legal right to suspend him from work and withhold his salary or prevent him from annual leave, which is supposed to start within a month? Please advise.
In general, the new labour law does not deprive the employee from his annual leave because it is one of the rights given to him by law. You cannot deprive him taking an annual leave.
The action to be taken is first to conduct a direct investigation with him and you can temporarily suspend him from work and suspend half the wage during the investigation period.
If you find him guilty, then directly file a criminal case against him for disclosing confidential information in connection with work.
You can keep him suspended from work until a final judgement is issued by the competent judicial authority. His wage shall be withheld during the suspension period.
Publishing news, electronic pictures, photographs, scenes, comments, data or information, even if they are correct and real, with the intent of harming a person are punishable under the law.