Parents in the UAE could face fines of up to Dh500,000 for photographing or recording children on school premises without consent if a complaint is filed with authorities and the conduct is found to constitute a privacy offence, legal experts have warned.
The potential penalty does not mean schools automatically impose a Dh500,000 fine whenever a parent takes a photograph. Rather, the amount relates to possible penalties under the UAE Cybercrimes Law where the circumstances meet the legal requirements for an offence.
Taking photos without consent can carry legal consequences
According to legal experts, parents should not assume that privacy rules apply only when photographs are posted publicly on social media.
Dr Hassan Elhais, Senior Legal Consultant at Amal Alrashedi Lawyers & Legal Consultants, said Article 44 of the UAE Cybercrimes Law can cover the intentional invasion of another person’s privacy without consent or legal authorisation.
Depending on the circumstances, an offence could result in at least six months in prison, a fine ranging from Dh150,000 to Dh500,000, or both.
The law can cover photographing people in public or private places as well as transferring, disclosing, copying or retaining electronic images. As a result, sharing a photograph in a closed WhatsApp parents’ group does not automatically remove potential privacy concerns.
A higher penalty may apply where an image or recording is digitally altered with the intention of defaming or offending another person. In such cases, the penalty can include at least one year in prison, a fine of Dh250,000 to Dh500,000, or both.
UAE law protects children’s privacy
Awatif Al Khouri, founder and managing partner of Awatif Mohammad Shoqi Advocates and Legal Consultancy, said photographing or recording students without the required consent can raise privacy concerns under UAE law.
She also pointed to Federal Law No. 3 of 2016, known as Wadeema’s Law, which protects children’s rights and recognises their right to privacy.
The UAE’s Personal Data Protection Law also provides protections for personal information, with the collection and use of personal data generally subject to consent or other legally permitted grounds.
Can parents photograph their own children at school events?
Photography may be allowed at some school events under specific conditions. Some schools permit parents to photograph their own children while asking them not to capture or share images of other students.
Restrictions can also apply during normal school activities, including classrooms, corridors, playgrounds, assemblies and drop-off and pick-up areas.
Parents should therefore check their school’s photography policy before taking or sharing photographs. Even when photography is permitted at an event, sharing an image containing other children may raise separate privacy concerns.
