Dhs500,000 fine, jail for hacking personal data in UAE

The UAE always strives to be at the forefront of the world’s nations in keeping pace with changes and developments of all kinds, especially technological changes, by providing a smart electronic system, which helps all citizens and residents complete their various transactions with the click of a button.

But fraudsters exploit some people’s lack of awareness regarding the importance of the confidentiality of their personal information, making it easy for them to seize their money, despite the awareness campaigns launched by the relevant authorities to educate all on various types of fraud and ways to prevent them.

Fraudsters allegedly employ diverse methods, which change day by day to ensnare the largest number of victims, but the specialised bodies are on alert.

Salem Al Abd, a lawyer and legal consultant, explained that Article 6 of the Decree-Law on Combating Rumours and Cybercrimes, concerning attacks on personal data and information, stipulates that anyone who obtains, acquires, modifies, damages, discloses, leaks, cancels, deletes, copies, publishes, or republishes electronic personal data or information without authorisation, using information technology or an information technology tool, shall be punished by imprisonment for a period of not less than 6 months and a fine of not less than Dhs20,000 and not exceeding Dhs100,000, or by one of these two penalties.

This, Al Abd added, applies if the data or information referred to relates to examinations, diagnosis, treatment, care, medical records, bank accounts, or electronic payment method data and information.

Al Abd also clarified that anyone who receives any of the aforementioned data and information, retains it, stores it, or uses it unlawfully, shall be punished by imprisonment and a fine, or by one of these two penalties.

Hadiya Hammad, a lawyer and legal consultant, stated that Article 2 of the Law on Combating Rumours and Cybercrimes stipulates that anyone who hacks an electronic website, an electronic information system, an information network, or an information technology tool shall be punished by imprisonment and a fine of not less than Dhs100,000 and not exceeding Dhs300,000, or by one of them.

Hammad clarified that the penalty shall be imprisonment for a period of not less than 6 six months and a fine of not less than Dhs150,000 and not exceeding Dhs500,000, or by one of them, if the hacking results in damage, destruction, shutdown, or disruption of an electronic website, an electronic information system, an information network, or an information technology tool, or the cancellation, deletion, destruction, disclosure, damage, alteration, copying, publication, republication, or acquisition of any data or information, or the loss of its confidentiality.

The penalty shall be imprisonment for a period of not less than one year and a fine of not less than Dhs200,000 and not exceeding Dhs500,000, or one of these two penalties, if the penetration was for the purpose of obtaining data or information to achieve an unlawful purpose, she added.

Al Khaleej newspaper highlights some cases of fraud, where the concerned authorities already apprehended the culprits and obligated them to return the amounts they had seized. It is worth noting that some victims bear responsibility by responding to suspicious text messages, and emails, and by disclosing personal and banking information in response.

Among the cases which were in courts in this regard was:

Al Ain Court of First Instance ordered two suspects to return Dhs90,000 to a man and fined them Dhs30,000 after they had seized the amount from his bank account fraudulently by contacting him and claiming to working for consumer protection.

They allegedly misled him into believing they would register a complaint on his behalf against a company to recover a deposit he had paid to it.

Then, they sent him a five-digit OTP code and asked him to resend it to them via the Botim application. Through this, they seized his money.

After investigations, the police identified the two suspects, brought to trial and convicted of seizing the amount, based on a final criminal judgment.

The court ordered them to return the demanded amount of Dhs90,000, in addition to Dhs30,000 in compensation.