The legal advisor, Dr. Yousef Al-Sharif, confirmed that recording voice or video calls, without the permission or prior knowledge of one of the parties to the call, is not a criminal offense legally, and this is equal to the messages «Whatsapp» voice exchanged between individuals, pointing out that the criminalization provided for in The law is limited to the issuance of a third-party call recording act away from the parties to the call.

The inquiries received from readers of «Emirates Today», on the legality of recording a phone call with others, and relied on to prove rights and ensure the veracity of statements before the judicial authorities, pointing out that there are applications that record incoming and outgoing calls automatically, with the possibility of keeping call recording In the phone memory.

Al-Sharif told Emirates Today that every speaker, through various modern technologies, must know for sure that there is a possibility to record his call with his conversations, whether voice or video, but on the other hand, this recording, if used as a means of extortion, for example, Or that these recordings have been published, here the perpetrator is punished for the crime of extortion or defamation.

He explained: «With regard to criminalizing the recording of telephone calls between two parties by one of them, the area of ​​criminalization in these crimes is the issuance of the act of a third party away from the parties to the call, but if one of the parties recorded the call does not criminalize it».

He pointed out that the criminal legislator prohibited the registration of calls without authorization by the Public Prosecution, and stipulated that the authorization of the requirements of the investigation, and Article (378/1-a) of the Penal Code stipulates that “anyone who assaulted the sanctity of private life shall be imprisoned and fined. The perpetrator committed one or more of the following acts in circumstances other than those legally authorized, or without the consent of the victim, or of a looting, record or transfer by means of a conversation held in a private place, by telephone or by any other device. ”

Sharif said that these acts are issued by others who violate the freedoms of others, and not among individuals with a single relationship, and that this means that modern means of technology have become known to all, and the possibility of the existence of phones are recorded calls from them or received them automatically, and this is not an infringement on The other party's freedoms.

He pointed out that the decriminalization also applies to WhatsApp messages exchanged between individuals, so that someone sent a voice message through any means of modern technology, it is a proof of evidence when needed, pointing out that the law made the scope of criminalization recorded by a third party from the conversation As well as overhearing, it requires the intervention of a third party, and this applies to what the «hackers» in terms of access to one of the devices and get them images or visuals of other people.

Call recording .. crime

In the opinion of a team of lawyers, no one has the right to record telephone calls without permission from the Public Prosecution, or without the consent of the other party.

In a recent report published by Emirates Today, they stated that the mere recording of phone calls is a punishable offense and that the caller must inform the registrar of the existence of a registration to obtain his consent, in order to avoid legal consequences.

They cited article 373 of Federal Law No. 3 of 1987, as amended by Law No. 34 of 2005, as punishable by imprisonment and fines any person who violates the sanctity of individuals or private family life by recording calls, or eavesdropping, in cases other than legal cases. , Or without the consent of the victim.

They pointed out that government departments and private institutions record telephone calls for the purpose of quality, and the customer knows that there is a recording of calls to them, but recording personal phone calls between individuals is a crime punishable by law, as a violation of privacy.