It can be used as evidence before the investigation authorities
Recording a phone call without publishing it is not a crime
Youssef Al-Sharif: “It may be difficult for an individual to discover a person who was able to knowing his secrets intentionally, using an information technology means.”
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The legal advisor, Dr. Youssef Al-Sharif, confirmed that recording a call between one person and another is not a crime, explaining that “the crime in recording calls occurs in two cases: the first is if the call recorder publishes the recording to other than the competent authorities, such as the police, the prosecution or the court, within the framework of the investigations. If the call is a presumption or evidence according to the strength of proof, but if it is published to a third party, who is not a party, it is considered a crime.
And he continued: “The second case, in which the recording is a crime, is that a third person records this call, meaning that he eavesdrops, or performs the recording process,” noting that the mere fact that eavesdropping is proven to be a crime, or his objection to this episode or call that is between the two, whether audio or visual.
Al-Sharif said, in episodes broadcast by "Emirates Today", to shed light on the newly issued laws, that "with the development of technology and technology, almost everyone, especially the modern generation, knows how to use all the technologies available in his smart device, in a smart way, and he can He knows the secrets of others, but the problem is that it may be difficult for an individual to discover a person who was able to know his secrets intentionally, using an information technology means.”
He pointed to the mistakes made by some in not taking the necessary precautions to protect his secrets, reviewing the case of a programmer, who was using an application on the phone, recording all the calls he made, and after a while, he gave the phone to his wife, who later discovered its contents, and she heard all his calls with his friends And when she confronted him, he admitted to her that he had done this on purpose in order to push her to ask for a divorce from him and strip her of her rights, as he thought.
Al-Sharif cautioned that the legislator decided in Article (44/1) to be punished by imprisonment for a period of no less than six months, and a fine of no less than 150 thousand dirhams, and not more than 500 thousand dirhams, or one of these two penalties, whoever uses an information network, or An electronic information system, or one of the means of information technology, with the intent of attacking the privacy of a person, or the sanctity of the private or family life of individuals, without their consent, and in cases other than those authorized by law in one of the ways: (eavesdropping, objection, recording, or transmission, broadcast, or disclosure of conversations, communications, audio or video materials).
He pointed out that the legislator paid attention to all technical means that could be used for such purposes, so he expanded the scope of the limitations of this article, in order to close the door on anyone who tries to evade responsibility in any way.
• A programmer used an application on the phone to record all calls, and after a while, he gave the phone to his wife and I heard his calls with his girlfriends.
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