Another Child in Your Photo? Privacy Concerns May Begin Before You Share It.
Dubai: Parents who photograph or record children on school premises without permission could potentially face fines of up to Dh500,000 under UAE privacy laws if a complaint is filed with the authorities and the action is determined to be an offence, according to legal experts.
The clarification follows reports that schools in Dubai and Sharjah have circulated notices advising parents and visitors against photographing or filming students while on campus. The guidance also cautions against sharing pictures or videos featuring other children through WhatsApp groups, social media platforms or other digital channels without obtaining the necessary consent.
Although some parents may believe privacy concerns arise only when images are posted publicly, legal experts said UAE laws may also apply to taking photographs without consent in certain circumstances. Sharing such images privately, including through messaging platforms, could also raise privacy concerns.
When can the Dh500,000 penalty apply?
The Dh500,000 amount should not be understood as an automatic fine issued by a school whenever a parent takes a photograph. Rather, it is a possible penalty under the UAE Cybercrimes Law when a complaint is submitted to the authorities and the conduct is subsequently determined to constitute an offence.
Dr Hassan Elhais, Senior Legal Consultant at Amal Alrashedi Lawyers & Legal Consultants, said a person found to have violated another individual’s privacy under Article 44 of the UAE Cybercrimes Law could face a minimum prison term of six months, a fine ranging from Dh150,000 to Dh500,000, or both.
The provision addresses the use of electronic technology to deliberately infringe on another person’s privacy or private and family life without permission or lawful authorisation.
Elhais explained that potential legal liability is not necessarily limited to publishing an image publicly. Article 44 can cover photographing individuals in public or private locations, as well as transferring, disclosing, copying or retaining electronic images.
As a result, an image does not necessarily have to appear on a public social media account for privacy concerns to arise. Taking a photograph without the required consent could potentially create legal exposure, while forwarding or sharing the image in a private parents’ WhatsApp group is not automatically excluded simply because access to the group is restricted.
Elhais added that more severe legal consequences could potentially arise when an image or recording is digitally modified with the intention of defaming or insulting another individual.
Elhais said tougher penalties may apply when a photograph or recording is digitally modified with the intention of insulting or defaming another individual. In such cases, the punishment could include imprisonment for at least one year, a fine ranging from Dh250,000 to Dh500,000, or both.
Children’s right to privacy
Awatif Al Khouri, Founder and Managing Partner of Awatif Mohammad Shoqi Advocates and Legal Consultancy, said taking photographs or videos of students on school premises without clear permission from their parents or legal guardians could amount to an infringement of their privacy.
She explained that Article 44 of the UAE Cybercrimes Law criminalises certain uses of electronic technology that violate an individual’s privacy. This can include photographing someone without consent as well as distributing or publishing those images through WhatsApp groups, social media networks or other online platforms.
Al Khouri also highlighted the protections available to minors under Federal Law No. 3 of 2016 concerning Child Rights, widely known as Wadeema’s Law. Article 5 of the legislation recognises a child’s fundamental right to privacy.
She said children’s privacy and dignity should be protected at all times, adding that school policies restricting unauthorised photography can play an important role in safeguarding students.
The UAE’s Personal Data Protection Law also places restrictions on the collection and use of personal information without consent, subject to specific exceptions provided for under the law. Schools therefore have responsibilities when it comes to protecting students’ personal information, privacy and associated rights.
Can parents take photos of their own children at school events?
Photography may still be allowed at certain school events, depending on the rules established by individual schools. However, some institutions have instructed parents to limit photographs and videos to their own children and take care not to capture other students in the frame.
Parents may also be advised against sharing photographs or recordings that include other children unless the appropriate consent has been obtained.
Recent school circulars have also reminded families that photography restrictions may apply throughout the campus on normal school days, including in classrooms, hallways, playgrounds, assembly areas and designated drop-off and pick-up zones.
Parents are therefore advised to familiarise themselves with their school’s photography guidelines, particularly when attending events where taking pictures or recording videos may be allowed.
Even when photography is permitted, parents should be mindful of other students who may appear in the background or elsewhere in the frame. Sharing an image through a private WhatsApp or messaging group does not necessarily eliminate potential privacy concerns, making it important to obtain appropriate consent before capturing or distributing images of other children.
