opinions
Record phone calls without permission!
In light of the spread of phone call recording applications, some people take it easy and download them on their smartphones, whether as an experiment, or for entertainment, or thinking that they are thus immunizing themselves against any other party, or for any reason!
Here, an important legal question arises, is it a crime to record calls by these applications?
How legal is its content?
Is it permissible to cite him?
First of all, it must be emphasized that recording phone calls of others without their knowledge and consent is a crime punishable by law as one of the forms of violating the sanctity of private life guaranteed by the constitution and the law for individuals.
Article 31 of the UAE constitution stipulates "the confidentiality of postal and telegram correspondence and other means of communication."
By law, wired and wireless conversations may not be recorded except with the permission of the Public Prosecution when the requirements of the investigation necessitate that, as stipulated in Article (75/1) of the Code of Criminal Procedure - which results in the invalidity of recordings made without this permission, and consequently the invalidity of what results or results from them. due to the illegality of its source.
Article (431/1) of Federal Decree-Law No. (31) of 2021 regarding Crimes and Penalties stipulates “Punishment for anyone who assaults the sanctity of the private or family life of individuals in cases other than those authorized by law or without the victim’s consent by eavesdropping or recording Or transmitting through one of the devices of any kind conversations that took place in a private place, or by phone or any other device, with imprisonment and a fine.”
Based on this text, it becomes clear that the law criminalizes recording calls without the consent of the other party, and therefore it is necessary before obtaining the consent or consent of the other, his prior knowledge that his phone call is being recorded, and the opposite is a crime regardless of the motive.
For this reason, we always find that government departments, banks, and other institutions with high credibility, are keen to inform their callers by a recorded message at the beginning of the conversation, that the call is recorded for the purposes of training and quality or to improve the level of service so that there is no violation of privacy, because with the availability of knowledge there is no character. private to talk.
Given that recording calls is a crime separate from publishing its content, the UAE legislator singled out a deterrent penalty for them, as stated in Federal Decree Law No. 34 of 2021 regarding combating cybercrime, as it stipulates in Article (44) “Punishment for anyone who eavesdrops, objects, or records Or transmitting or divulging conversations or communications with imprisonment for a period of no less than six months and a fine of no less than 150,000 dirhams and not more than 500,000 dirhams, or one of these two penalties.
In conclusion, the private life of individuals is protected by the constitution and the law, and recording calls in this way is a violation of the sanctity of this life, and may be a reason for other crimes, such as extortion or defamation, so caution and transparency must be exercised before getting involved in this crime!
Senior legal advisor
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