Parents often capture their children’s performances, sports days, assemblies and other important moments. However, these photographs may also include other children who happen to be in the background. While taking a photograph at a school event may seem harmless, privacy concerns can arise when images of other identifiable children are kept, shared in WhatsApp groups or posted on social media. As schools in Dubai continue to strengthen their photography and safeguarding policies, parents are increasingly being reminded to be mindful when taking and sharing photographs involving children other than their own.
Article 44 of Federal Decree-Law No. 34 of 2021 addresses various acts involving photographs, including taking, transferring, disclosing, copying and keeping electronic photographs. The provision applies where such conduct is carried out through an information network, information system or information technology equipment with the intention of invading a person’s privacy or the sanctity of their private or family life, without consent and outside cases authorised by law. It specifically includes taking photographs of third parties in public or private places, as well as preparing, transferring, disclosing, copying or keeping electronic photographs. A person found liable under this provision may face imprisonment for at least six months or a fine of not less than AED 150,000 and not more than AED 500,000.
This means that privacy concerns may not end once a photograph is taken. They may also arise when the photograph is later transferred, shared or published, particularly where another child is identifiable in the image. The fact that a school event takes place in a setting attended by many parents and students does not, by itself, remove privacy considerations. This does not mean that every photograph taken at a school event will be unlawful, but parents should be careful about photographing other children and consider the circumstances before retaining or sharing such images.
Parents should remain mindful of the privacy of other children when taking photographs at school events. UAE law provides protections against certain forms of unauthorised photography and sharing of images. Before sharing photographs on WhatsApp or social media, parents should check whether other children are identifiable in the image. A little caution can help protect children’s privacy while allowing families to preserve important school memories.
We at Ayesha Aldhaheri Advocates and Legal Consultants, we keep you updated on such laws and the precautions that should be taken to avoid getting into legal trouble.