Recording calls between individuals is not illegal.

Legal advisor Dr. Youssef Al-Sharif confirmed that recording audio or video calls without the prior permission or knowledge of one of the parties to the call is not a criminal act under the law, and this is equivalent to WhatsApp audio messages exchanged between individuals, noting that the criminalization stipulated in the law is limited to the act of recording calls by a third party, far from the two parties to the call.

Inquiries were received from readers of “Emirates Today” regarding the legality of recording a phone call with others, and relying on it to prove rights and verify the accuracy of statements before judicial authorities, noting that there are applications that record incoming and outgoing calls automatically, with the possibility of saving the call recording in the phone’s memory.

Al Sharif told Al-Emarat Al-Youm that every speaker using various modern technology means must know for certain that there is a possibility of recording his call with the person he is talking to, whether audio or visual. However, on the other hand, if this recording is used as a means of blackmail, for example, or if those recordings are published, then the person who does so will be punished for the crime of blackmail or defamation.

He explained: “Regarding the criminalization of recording phone calls between two parties by one of them, the basis for criminalization in these crimes is that the act was committed by a third party, far from the two parties to the call. However, if one of the parties records the call, he is not criminalized.”

He pointed out that the criminal legislator prohibited recording calls without permission from the Public Prosecution, and stipulated that the permission be for the requirements of the investigation. Article (378/1-A) of the Penal Code stipulated that “anyone who violates the sanctity of the private or family life of individuals by committing one of the following acts in circumstances other than those permitted by law or without the consent of the victim, or who eavesdrops, records or transmits via a device conversations that took place in a private place or via telephone or any other device, shall be punished by imprisonment and a fine.”

Al-Sharif stated that these actions are committed by others who violate the freedoms of others, and not between individuals who have the same relationship. This is supported by the fact that modern technology has become known to everyone, and the possibility of the existence of phones from which outgoing or incoming calls are automatically recorded, and this does not constitute an infringement on the freedoms of the other party.

He pointed out that the non-criminalization also applies to WhatsApp messages exchanged between individuals. Suppose someone sends a voice message via any modern technology means, it is considered evidence when needed. He pointed out that the law made the scope of the criminalization the recording by an external party of the conversation, as well as eavesdropping, which requires the intervention of a third party. This applies to what “hackers” do in terms of entering a device and obtaining pictures or videos of other people.

Call recording is a crime

A team of lawyers believes that no one has the right to record phone calls without obtaining permission from the Public Prosecution, or without the consent of the other party.

They stated, in a report published recently by “Emirates Today”, that merely recording phone calls is considered a crime punishable by law, and that the call recorder must inform the person being recorded of the existence of the recording in order to obtain his consent, in order to avoid legal consequences.

They based their statement on the text of Article (373) of Federal Law No. 3 of 1987, amended by Law No. 34 of 2005, which states that any person who violates the privacy of individuals or private family life by recording calls or eavesdropping, in illegal cases, or without the victim’s consent, shall be punished with imprisonment and a fine.

They pointed out that government departments and private institutions record phone calls for quality purposes, and inform the customer that they have a recording of the calls, but recording personal phone calls between individuals is a crime punishable by law, as it is a violation of privacy.