UAE Privacy Law Explained: Victims Can Seek Civil Compensation When Photos Are Shared Without Consent

In an era where a single click can capture and circulate a person’s image within seconds, questions about privacy and consent are becoming increasingly urgent in the United Arab Emirates. What happens when someone appears in a photograph without permission — and worse, finds that image used for advertising or public promotion?

 

Under UAE law, such situations are not taken lightly. Individuals whose photographs are taken or used without consent — particularly for commercial purposes — have the legal right to seek compensation, provided the violation and resulting harm can be established. UAE courts have consistently recognised the right of victims to pursue civil damages even after a criminal conviction has already been secured against the offender.

 

Photographing a person and using that image without consent may constitute a breach of privacy, especially when the image is later exploited for advertising or other public use. When a criminal court has issued a conviction confirming such a violation, that judgment becomes powerful evidence in any subsequent civil compensation claim.

 

The criminal verdict effectively settles three crucial elements required for civil liability: the wrongful act, the damage suffered, and the causal link between the two. This significantly strengthens the victim’s position when filing a civil lawsuit for damages.

 

Importantly, UAE legislation does not prescribe a fixed amount or maximum ceiling for compensation in such cases. Instead, the courts retain broad discretion to determine the appropriate award based on the specific facts and the extent of harm suffered. Victims are therefore entitled to claim an amount they believe reflects their material and moral damages, but the final figure rests with the court.

 

In assessing compensation, UAE courts typically examine several factors. These include the degree of reputational or emotional harm caused, the context in which the image was used, whether the use was commercial in nature, and any financial loss suffered by the victim. Documentary evidence — such as proof of unauthorised publication, evidence of distress, or records showing lost opportunities — can significantly strengthen the claim.

 

The governing principle is set out in Article 292 of the UAE Civil Transactions Law, which provides that compensation is measured by the harm suffered, including loss of profit, provided such loss is a natural result of the wrongful act. This means victims may recover both actual financial losses and recognised moral damages where appropriate.

 

While there is no statutory cap, courts aim to award compensation that is fair and proportionate to the proven damage. Each case is therefore assessed on its own merits.

 

For individuals who have already obtained a criminal conviction for privacy violation, the next practical step is to file a civil claim supported by the criminal judgment and any additional evidence demonstrating the extent of harm. Strong documentation and clear proof of damages remain key to securing meaningful compensation under UAE law.

 

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