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Law No. 3 of 2015 Regarding Law of Technical Systems For Establishments Security

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Law No. 3 of 2015 Regarding Law of Technical Systems For Establishments Security We, Saud Bin Saqr Bin Mohamed Al Qasimi - Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. (12) of 1976 on Police & Security Force, as amended; And Federal Law No. (3) of 1987 on issuing Penal Code, as amended; And Federal Law No. (35) of 1992 on issuing Criminal Procedures Code; And Federal Law No. (2) of 2006 on combating cybercrimes, as amended; And Federal Law No. (37) of 2006 on Private Security Companies and its Executive Regulation; And Law No. 6 of 2012 on Economic Development Department; And Emiri Decree No. (6) of 2015 on Establishing Public Resources Authority in Ras Al Khaimah; And based on what is required by public interest ; Have promulgated the following Law: Article 1 In implementation of the provisions of this law, the following words and phrases shall have the meaning indicated opposite each of them, unless the context of text requires otherwise:- Emirate: Emirate of Ras Al Khaimah. Ruler: His Highness Ruler of Ras Al Khaimah. Competent Authority:: Ras Al Khaimah Police General Headquarters. Commander-in-Chief: Ras Al Khaimah Police Commander-in-Chief. Authority: Public Resources Authority in Ras Al Khaimah. Court: Ras Al Khaimah Courts Department. Security Technical Systems: Any technical system that aims, through supervision, control, recording or alerting, to provide security protection. Security Service Provider: Natural or legal person who provides security services to individuals, governmental or non-governmental establishments. Security Service User: Natural or legal person who uses security technical systems provided thereto to protect and secure services, properties, activity and assets thereof. Establishments: Any building or place that practices an economic or commercial activity in the emirate or any free zone therein, each vital facility, governmental and non-governmental establishment and important event specified by the executive regulation, and places and means of transport for which a resolution is issued by the competent authority to add the same to the establishments subject to the provisions of this law. Public Events: Parties, meetings and public performances that are open or to which public or group of them are invited such as religious and national holidays and other similar events. Databases: Set of technical information and data which the competent authority creates, regulates and saves related to establishments upon which the provision of this law shall apply. Digital Video Recorder (DVR): Device that records and saves what is captured by the technical system. Security Network: Electronic security network of the competent authority. Licensing Authorities: The authorized bodies that permit and license practicing any activity in the emirate. Concerned Authorities: The authorities determined by the executive regulation of this law. Executive Regulation: Regulation issued according to the provisions of this law. Article 2 a- Establishments shall be obliged to install technical security systems for the purpose of necessary control of the protection and security of these establishments according to the requirements of public interest. b- Each establishment shall bear the cost of the devices necessary for the security technical system and the cost of installing, maintaining and updating the same whenever necessary and it shall pay also an annual fee to be determined by a resolution from the Ruler, in consideration of security technology service. Article 3 a- The competent authority shall determine the technical specifications of security technology devices, their scopes, requirements and necessary characteristics in security network system. b- The Authority shall supervise and control security technical systems and it is entitled, within its competence, to inspect the continuity and validity of security technical systems performance, without having the right to view the content of digital video recorder (DVR). The employees of the Authority shall have the capacity of legal officer in carrying out these works. Article 4 a- Categories of establishments obligated to technical security linkage in the security network shall be determined by the executive regulation. b- Commander-in-Chief may exclude any establishment or event from applying provisions of this law thereupon if he finds sufficient justifications for that due to nature and volume of its business, its location or sufficiency of protection means available therein. Article 5 a- Establishments should operate security technical control devices continuously and ensure their good performance and permanent compliance with established technical specifications. b- Establishment should mention clearly that the place is equipped with security technical systems and surveillance cameras. Article 6 It is prohibited to install cameras and security control devices in bedrooms, physiotherapy rooms, changing rooms, toilets or the like, also it is prohibited to install the same in places designated for women. Article 7 Establishments should keep the technical records of security technology devices and systems, databases and records entered therein for a period not less than ninety days and not to make and amendments thereto and submit the same to General Headquarters immediately upon request. Article 8 It is prohibited for establishments that are subject to provisions of this law to transfer, store, send or publish any of the records or technical records except by approval of the competent authority. Article 9 Security services providers in field of security technology may not practice this activity except after obtaining approval of the competent authority and the Authority. Article 10 Licensing authorities should not grant or renew license except after the applicant authority obtains approval of competent authority and the Authority in terms of meeting the conditions of security technology determined by this law. Article 11 The competent authority shall supervise and audit technical records, databases and records of the security technology of establishments. Article 12 All establishments existing before issuance of this law should reconcile their status in line with the provisions thereof within maximum period of one calendar year to be counted from the date in which this law comes into force. Article 13 a- Without prejudice to any more severe punishment stipulated by any other law, each person violates provisions of articles 5,6 & 7 of this law, shall be punished by fine not less than five thousand dirhams and not exceed ten thousand dirhams. b- In addition to the penalty stipulated in paragraph (a) of this article, the court is entitled, as appropriate, to judge for suspending license of practicing the activity for a period not exceeding one year or cancel the same. Article 14 Subject to provisions of related federal and local financial laws, fees of issuing security approvals for security technical service applicants and users and fines shall be issued by resolution from the Ruler. Article 15 Subject to provision of article (13), executive regulation shall determine violations and financial penalties resulted from violating provisions of this law. Article 16 All amounts of fees, fines and penalties collected under this law and executive regulation thereof shall devolve into the Authority. Article 17 Records made by cameras and security technical systems of establishment shall be deemed proof of evidence with investigation authorities and courts unless otherwise proved. Article 18 The Commander-in-Chief shall, in coordination with the Authority, issue the executive regulation necessary to implement the provisions of this law. Article 19 Any provision that contradicts with provisions of this law shall be cancelled. Article 20 This Act shall come into force as date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi, Ruler of RAK Issued by us on this day eighteenth of Dhu El-Qi’dah 1436 H. Corresponding to second of September 2015 G.
  • In implementation of the provisions of this law, the following words and phrases shall have the meaning indicated opposite each of them, unless the context of text requires otherwise:-  
    Emirate: Emirate of Ras Al Khaimah.
    Ruler: His Highness Ruler of Ras Al Khaimah.
    Competent Authority::  Ras Al Khaimah Police General Headquarters.
    Commander-in-Chief:  Ras Al Khaimah Police Commander-in-Chief.
    Authority: Public Resources Authority in Ras Al Khaimah. 
    Court: Ras Al Khaimah Courts Department.  
    Security Technical Systems:  Any technical system that aims, through supervision, control, recording or alerting, to provide security protection.
    Security Service Provider: Natural or legal person who provides security services to individuals, governmental or non-governmental establishments.
    Security Service User: Natural or legal person who uses security technical systems provided thereto to protect and secure services, properties, activity and assets thereof.
    Establishments:  Any building or place that practices an economic or commercial activity in the emirate or any free zone therein, each  vital facility, governmental and non-governmental establishment and important event specified by the executive regulation, and places and means of transport for which a resolution is issued by the competent authority to add the same to the establishments subject to the provisions of this law.
    Public Events:  Parties, meetings and public performances that are open or to which public or group of them are invited such as religious and national holidays and other similar events. 
    Databases:  Set of technical information and data which the competent authority creates, regulates and saves related to establishments upon which the provision of this law shall apply. 
    Digital Video Recorder (DVR):  Device that records and saves what is captured by the technical system. 
    Security Network: Electronic security network of the competent authority. 
    Licensing Authorities: The authorized bodies that permit and license practicing any activity in the emirate. 
    Concerned Authorities: The authorities determined by the executive regulation of this law. 
    Executive Regulation: Regulation issued according to the provisions of this law. 

  • a- Establishments shall be obliged to install technical security systems for the purpose of necessary control of the protection and security of these establishments according to the requirements of public interest.
    b- Each establishment shall bear the cost of the devices necessary for the security technical system and the cost of installing, maintaining and updating the same whenever necessary and it shall pay also an annual fee to be determined by a resolution from the Ruler, in consideration of security technology service.  
  • a- The competent authority shall determine the technical specifications of security technology devices, their scopes, requirements and necessary characteristics in security network system.
    b- The Authority shall supervise and control security technical systems and it is entitled, within its competence, to inspect the continuity and validity of security technical systems performance, without having the right to view the content of digital video recorder (DVR).
    The employees of the Authority shall have the capacity of legal officer in carrying out these works.
  • a- Categories of establishments obligated to technical security linkage in the security network shall be determined by the executive regulation.
    b- Commander-in-Chief may exclude any establishment or event from applying provisions of this law thereupon if he finds sufficient justifications for that due to nature and volume of its business, its location or sufficiency of protection means available therein. 
  • a- Establishments should operate security technical control devices continuously and ensure their good performance and permanent compliance with established technical specifications.
    b- Establishment should mention clearly that the place is equipped with security technical systems and surveillance cameras.
  • It is prohibited to install cameras and security control devices in bedrooms, physiotherapy rooms, changing rooms, toilets or the like, also it is prohibited to install the same in places designated for women. 

  • Establishments should keep the technical records of security technology devices and systems, databases and records entered therein for a period not less than ninety days and not to make and amendments thereto and submit the same to General Headquarters immediately upon request. 
  • It is prohibited for establishments that are subject to provisions of this law to transfer, store, send or publish any of the records or technical records except by approval of the competent authority. 
  • Security services providers in field of security technology may not practice this activity except after obtaining approval of the competent authority and the Authority.
  • Licensing authorities should not grant or renew license except after the applicant authority obtains approval of competent authority and the Authority in terms of meeting the conditions of security technology determined by this law.  
  • The competent authority shall supervise and audit technical records, databases and records of the security technology of establishments.
  • All establishments existing before issuance of this law should reconcile their status in line with the provisions thereof within maximum period of one calendar year to be counted from the date in which this law comes into force.  

  • a- Without prejudice to any more severe punishment stipulated by any other law, each person violates provisions of articles 5,6 & 7 of this law, shall be punished by fine not less than five thousand dirhams and not exceed ten thousand dirhams.
    b- In addition to the penalty stipulated in paragraph (a) of this article, the court is entitled, as appropriate, to judge for suspending license of practicing the activity for a period not exceeding one year or cancel the same. 
  • Subject to provisions of related federal and local financial laws, fees of issuing security approvals for security technical service applicants and users and fines shall be issued by resolution from the Ruler.
  • Subject to provision of article (13), executive regulation shall determine violations and financial penalties resulted from violating provisions of this law.
  • All amounts of fees, fines and penalties collected under this law and executive regulation thereof shall devolve into the Authority. 
  • Records made by cameras and security technical systems of establishment shall be deemed proof of evidence with investigation authorities and courts unless otherwise proved. 
  • The Commander-in-Chief shall, in coordination with the Authority, issue the executive regulation necessary to implement the provisions of this law.
  • Any provision that contradicts with provisions of this law shall be cancelled. 
  • This Act shall come into force as date of its issuance and be published in the Official Gazette.
Classification
  • Civil Legislation
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