Privacy Violation in Alexandria | Attorney Ibrahim Shehata
Attorney Ibrahim Shehata
📍 Montaza – Alexandria | Miami – Mandara
📱 Phone & WhatsApp: 01111196445
📞 Additional Phone: 01025888072
The crime of violating privacy raises many legal questions, particularly with the widespread use of mobile phones and social media platforms for recording, photographing, and publishing videos.
There is an important distinction between documenting a crime for the purpose of proving it before the competent authorities, recording a person within the scope of their private life, and publishing a video or recording in a manner that may constitute defamation or a violation of privacy.
This article by Attorney Ibrahim Shehata explains these distinctions and discusses relevant principles established by the Egyptian Court of Cassation.
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1. What Is a Privacy Violation?
Egyptian law protects individuals' private lives and establishes legal limits concerning the recording or transmission of private information.
The legal consequences depend on the circumstances, including:
- The location where the recording was made.
- The nature of the conversation or incident.
- Whether the person was in a private or public place.
- Whether consent was given.
- How the recording was obtained.
- The purpose for which it was used.
- Whether it was submitted to the competent authorities or published online.
Therefore, not every recording automatically constitutes a crime, just as not every recording made to document an incident is automatically lawful.
2. Is Documenting a Crime Different from Publishing a Video?
Yes. This is one of the most important distinctions.
A person who is subjected to a crime may attempt to document the incident through an audio or video recording in order to present it to the competent authorities.
However, documenting the incident does not automatically give that person an unlimited right to publish the recording on Facebook, TikTok, or other platforms.
There is a difference between:
Documenting the incident and submitting the recording as evidence.
And:
Publishing the recording or video to the public.
A recording may be considered during an investigation or court proceeding, while its public publication may raise a separate issue of legal liability depending on the circumstances and content.
3. What Has the Court of Cassation Said About Recording an Incident?
The Egyptian Court of Cassation has established several principles concerning recordings, and each principle must be understood within the specific circumstances of the case in which it was issued.
One important principle concerns recording insulting or defamatory statements received by the victim through their own telephone.
In Appeal No. 22340 of Judicial Year 62, hearing of May 18, 2000, the Court of Cassation held that recording insulting or defamatory statements received through the victim's own telephone, for the purpose of identifying the person making them, was not subject in that situation to the procedures governing telephone surveillance.
This does not constitute a general authorization to record all private calls or conversations without restrictions.
4. Is Every Photograph Taken Without a Person's Knowledge a Crime?
Not necessarily.
A distinction must be made between recording in a private place and recording in a public place, in addition to considering the nature of the incident, the circumstances, and the purpose for which the recording was made.
The Court of Cassation has addressed the concept of a private place and distinguished private settings from public places where a person may be visible to others.
Therefore, the question is not simply:
"Was the person recorded without knowing?"
The location, circumstances, method of recording, and purpose of use must also be examined.
5. When Can a Recording Be Considered Documentation of a Crime?
A recording may serve as documentation when its purpose is to establish what happened and present it to the competent authorities, subject to the applicable legal rules concerning the collection and use of evidence.
For example, a person subjected to threats, insults, defamation, or an assault may possess a recording directly related to the incident.
In such circumstances, it is preferable to treat the recording as material that may be submitted to the authorities rather than as content intended for social-media publication.
6. Can a Video Be Published After Documenting a Crime?
Not simply because it documents a crime.
Obtaining a recording to establish an incident does not automatically make its publication on social media lawful.
A video may contain:
- A person's image.
- Their voice or private conversation.
- Personal information.
- Details concerning private life.
- Allegations or statements affecting their reputation.
When such material is made publicly available, the legal consequences of publication must be considered separately from the question of documenting the crime.
7. What Is the Difference Between Publishing a Video and Defamation?
Video publication and defamation are not the same legal concept.
Publication itself may create legal liability if it violates a person's privacy.
A publication may also contain statements or allegations affecting a person's honor or reputation, potentially raising separate legal issues concerning insult or defamation depending on the content and circumstances.
Therefore, one incident may involve several legal questions, including:
- How the recording was obtained.
- Whether the recording itself was lawfully obtained.
- Whether it can be used as evidence.
- Whether it was published publicly.
- What statements accompanied the video.
- What harm resulted from publication.
Each case therefore requires individual legal assessment.
8. Does Publishing a Genuine Video Eliminate Legal Liability?
Not necessarily.
The fact that a video is authentic does not automatically mean that publishing it is lawful.
Egyptian Court of Cassation principles concerning Article 25 of the Information Technology Law recognize that privacy may be violated through publication regardless of whether the published information is true or false.
Therefore, saying:
"The video is genuine"
does not by itself resolve whether publication was lawful.
The legal question may instead be whether the publication itself was legally permissible.
9. What Should You Do If You Have a Video Proving a Crime?
If you have a recording or video that you believe proves a crime, it should be handled carefully.
Practical steps include:
- Keep the original recording.
- Do not edit or manipulate the video.
- Do not publish it on social media.
- Do not add insulting or accusatory statements.
- Submit the recording to the competent authorities.
- Consult a lawyer regarding how the recording was obtained and whether it can lawfully be used.
The reason is that the evidentiary value of a recording is different from the legality of publishing it to the public.
10. The Role of a Lawyer in Privacy Cases
These cases require an examination of the specific facts rather than simply looking at the existence of a photograph or video.
Important issues include:
- The location of the recording.
- The nature of the incident.
- How the recording was obtained.
- Whether consent existed.
- The content of the recording.
- How it was preserved and used.
- Whether it was submitted to the authorities.
- Whether it was published online.
- Whether the publication contained insult or defamation.
- Whether publication interfered with the person's privacy or reputation.
These factors help determine the appropriate legal characterization and available procedures.
11. Attorney Ibrahim Shehata in Montaza, Alexandria
Attorney Ibrahim Shehata provides legal consultations concerning cases and incidents that require careful legal assessment, including matters involving photographs, recordings, videos, and online publication.
📍 Office Branches in Alexandria
Miami Branch: El-Essawy Street – Alexandria.
Mandara Branch: At the square – Alexandria.
📞 Contact
Phone & WhatsApp: 01111196445
Additional Phone: 01025888072
12. Frequently Asked Questions About Privacy Violations
Can I record someone to prove a crime?
There is no single answer that applies to every situation. The location, circumstances, method of recording, and intended use must be considered.
Does documenting a crime allow me to publish the video?
No. Documenting an incident and submitting the recording to the competent authorities is different from publishing it on social media.
Can a genuine video be published without restrictions?
Not necessarily. The fact that the content is genuine does not automatically mean that publishing it cannot violate someone's privacy or constitute another offense.
Is recording a call to prove insult or defamation lawful?
The Court of Cassation has addressed specific circumstances involving recordings of insulting or defamatory statements received by the victim through their own telephone. These principles should not be generalized to all private calls and recordings.
Can publishing a video involve more than one offense?
Yes. Depending on the circumstances, content, method of obtaining the recording, and statements accompanying the publication, issues involving privacy, insult, defamation, or other legal classifications may arise.
Conclusion
The distinction between documenting a crime, violating privacy, publishing a video, and defamation is legally important.
A recording may have been created for the purpose of proving a crime, but this does not necessarily mean that publishing it publicly is lawful.
For this reason, recordings should be handled carefully. The original material should be preserved and submitted to the competent authorities, while legal advice should be obtained before publishing content that may interfere with another person's privacy or reputation.
For legal consultations with Attorney Ibrahim Shehata in Alexandria:
📱 01111196445 – Phone & WhatsApp
📞 01025888072 – Additional Phone
📍 Miami Branch – El-Essawy Street
📍 Mandara Branch – At the Square
