Kuwait
Name of law: Law No (12) for the year 2020 Regarding the right to information
First adopted: 2020
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2020
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Overall, a very weak law with particular weaknesses in terms of Appeals (due to the lack of any administrative appeal) and Exceptions, due to a very underdeveloped system of exceptions, deference to existing laws and even systems of classification, and overbroad exceptions in general. The Law and the Regulations are both very brief (just 7 1/2 pages not including the Explanatory Note), which helps explain why many of the features you would expect in a more extensive law, including relating to Requesting Procedures and Promotional Measures, two areas where many laws do better, are missing.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 3 | 6 |
| 2 | Scope | 17 | 30 |
| 3 | Requesting Procedures | 11 | 30 |
| 4 | Exceptions & Refusal | 10 | 30 |
| 5 | Appeals | 5 | 30 |
| 6 | Sanctions & Protections | 3 | 8 |
| 7 | Promotional Measures | 5 | 16 |
| ∑ = 54 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | NO | 0 | N/A | Only freedom of expression is protected in the Constitution. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 2 | 2. Every person has the right of perusal to the information that the authorities have, and of access thereto in such a way that does not contravene this law and the legislations in force. | Weaker guarantee being subject to other laws but still a presumption. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | Explanatory Note: In light of the international conventions signed by the State of Kuwait, which entered into force and became a part of its legislations, including the United Nations Convention against Corruption, and after the issuance of the Law № (2) for the year 2016 with regards to establishing Kuwait Anti-Corruption Authority and the special provisions relating to financial disclosure, given the importance of the freedom of information exchange and the right to peruse and access information in all fields in order to anchor the principle of transparency and integrity in economic and administrative formalities in such a way as to guarantee good governance for the assets, resources and possessions of the State and the best use thereof to materialize the first objective of the Anti-Corruption Authority, it was decided to work on issuing a law that regulates this right. | Weak statement of benefits with only a few referred to and no rule on interpretation. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 1. - The Person: Any physical or judicial person having an interest in obtaining the information from the authority. 2. Every person has the right of perusal to the information that the authorities have, and of access thereto in such a way that does not contravene this law and the legislations in force. | Covers both physical and legal persons. Not explicit about foreigners but nothing to suggest they are not covered. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 3 | 1. - The information: The statement or certificate or knowledge or content related to a certain subject. The information shall be either in writing or drawing or reading or audio or visual, or other media. 2. Every person has the right of perusal to the information that the authorities have, and of access thereto in such a way that does not contravene this law and the legislations in force. The person is also entitled to peruse the administrative decisions that affect his rights and to acquire the information contained in any document related to him. Reg. 1. The Application: Each application submitted by the person to the authority to peruse or access the information and administrative decisions that affect their rights, and copies of the documents related thereto, in accordance with the template dedicated for this purpose.; The Documents: The papers and documents kept by the authority, whether digitally or in print, which are related to its competencies. | The definition in the Law is broad but then the Regulation seems to limit it to information within the competence of the public authority. There is also some question based on A2 of the Law and the definition of applicant in the Regulations, as well as some of the procedures, whether the right is limited to information relating to onesself. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | There are some references to 'information' and 'documents' in the Law, suggesting both may be covered, but there is no clear rule on this. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 5 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Not clear whether head of State is covered or non-statutory bodies created by public authorities. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 2 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Does not refer to the legislature although these might be covered under "other public judicial persons". |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Does not refer to the judicial system although these might be covered under "other public judicial persons". |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | Partially | 1 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Only covers companies where the State owns a more than 50% share but control can come at much lower levels than this. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | Partially | 1 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Does not refer to these bodies although they might be covered under "other public judicial persons". |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | NO | 0 | 1. - The Party/Parties: The Ministries and public authorities and institutions, other public judicial persons, Kuwaiti companies in which the State or any of the mentioned authorities is a shareholder with a proportion that exceeds 50% of their capital, as well as the private companies and institutions which keep information or documents on behalf of these authorities. | Not specifically mentioned. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 0 | Reg. 2. Every person may submit to the authority, in writing or electronically, an application containing the following: 4) The information or documents requested for perusal or access related to the application, and the interest therein. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 6. The application for access to information is submitted in writing to the authority in possession of the information, using the template dedicated for this purpose, to which are attached the data and documents as indicated in the executive bylaw/regulations. Reg. 2. Every person may submit to the authority, in writing or electronically, an application containing the following: 1) The person’s contact info. 2) The date of the application. 3) The authority to which the application is submitted. 4) The information or documents requested for perusal or access related to the application, and the interest therein. 5) The documents supporting the application, attached thereto. 6) A pledge by the person not to use the information they perused or documents they obtained, unless in the cases decided upon legally. 7) The person’s email address, or any acceptable electronic contact. 8) The person’s signature in writing, or their electronically protected signature. | None of the information listed is required (problematical aspects of this are addressed under other indicators). However, it does problematically refer to documents supporting the application. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | Partially | 1 | 6. The application for access to information is submitted in writing to the authority in possession of the information, using the template dedicated for this purpose, to which are attached the data and documents as indicated in the executive bylaw/regulations. | Have to use the form. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | Partially | 1 | 3. The authorities shall facilitate the access to information for people and guarantee their disclosure according to the timing and modalities stipulated in this law. | Just a very general requirement to facilitate access to information in accordance with the law. This is not further developed in the Regulations. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | 3. The authorities shall facilitate the access to information for people and guarantee their disclosure according to the timing and modalities stipulated in this law. | No special obligation to help these groups. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | YES | 2 | 7. The competent employee shall, upon receipt of the application, give the applicant a notice in which the number and date of the application, the type of information requested and the period required for the reply are indicated. | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | Reg. 1. The Right of Perusal: The right of perusal of the information, decisions and documents without obtaining a copy thereof. The Right of access to the documents: The right of accessing copies of documents related to the application. Reg. 2. Every person may submit to the authority, in writing or electronically, an application containing the following: 4) The information or documents requested for perusal or access related to the application, and the interest therein. | The rules recognise just the rights to peruse (inspect) and access (obtain copies). Not clear whether public authorities are required to comply with requesters preferences. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | Partially | 0 | 8. The competent employee shall – after submitting to the head of the authority or whom they delegate – reply to the applicant within ten business days from the date of its receipt. This deadline can be extended for the same duration or more in the event when the application contains a big number of information, or when the access to the information requires consulting another authority, while notifying the applicant thereof, provided the total duration in all cases does not exceed three months. | Not mentioned. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 8. The competent employee shall – after submitting to the head of the authority or whom they delegate – reply to the applicant within ten business days from the date of its receipt. This deadline can be extended for the same duration or more in the event when the application contains a big number of information, or when the access to the information requires consulting another authority, while notifying the applicant thereof, provided the total duration in all cases does not exceed three months. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 8. The competent employee shall – after submitting to the head of the authority or whom they delegate – reply to the applicant within ten business days from the date of its receipt. This deadline can be extended for the same duration or more in the event when the application contains a big number of information, or when the access to the information requires consulting another authority, while notifying the applicant thereof, provided the total duration in all cases does not exceed three months. | There are grounds for extensions and also a requirement to notify the requester (although the timeline for this is not made explicit) but the length of the extension - up to three months - is far too long. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | Partially | 1 | Reg. 4. The person has the right, upon acceptance of their application, to peruse the information without paying a fee. They are also entitled to obtain the documents after payment of a fee amounting to five Dinars for each document for which the number of papers does not exceed ten. Half a Dinar shall be added for each additional paper. | Not mentioned but some benefit of doubt given especially since perusal of information is free. |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 9. The competent employee shall, upon the approval of the application, enable the person to access the information pertaining to him and deliver to him copies of the documents related thereto in case requested, after payment of the fees indicated by the executive regulations. Reg. 4. The person has the right, upon acceptance of their application, to peruse the information without paying a fee. They are also entitled to obtain the documents after payment of a fee amounting to five Dinars for each document for which the number of papers does not exceed ten. Half a Dinar shall be added for each additional paper. | Fees are set centrally and are somehow limited to reproduction. However, the cost is KWD5 (approx. USD17) for just ten pages and the KWD0.5 (USD1.7) for each page thereafter which is clearly excessive. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Reg. 2. Every person may submit to the authority, in writing or electronically, an application containing the following: 6) A pledge by the person not to use the information they perused or documents they obtained, unless in the cases decided upon legally. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | 2. Every person has the right of perusal to the information that the authorities have, and of access thereto in such a way that does not contravene this law and the legislations in force. 12. The authority shall not disclose information in the following cases: (2) If the privacy (read confidentiality) was decided by virtue of the Constitution or a law or a decision by the Council of Ministers – upon suggestion of the Minister concerned – by considering the papers it comprises as confidential for the duration determined by the Council. | Preserves other laws and even secrecy rulings by cabinet. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 7 | 12. The authority shall not disclose information in the following cases: 1. In case the disclosure affects national security or public security or defense capabilities, which include: − Weapons, tactics, strategies, forces and military operations. − Intelligence related to defeating aggressive acts and crimes perpetrated on the internal and external state security. − International communications and correspondence related to the defense affairs, military coalitions and strategic interests of the country. 2. If the privacy was decided by virtue of the Constitution or a law or a decision by the Council of Ministers – upon suggestion of the Minister concerned – by considering the papers it comprises as confidential for the duration determined by the Council. 3. If that leads to affecting the course of justice or incurs damage to third parties. 4. If the information pertains to private or medical life or personal status or accounts and banking transfers unless the authorized person agrees to disclose it. 5. If the information comprises a trade secret, the publication of which shall be detrimental to a commercial and financial interest of the stakeholders. 6. If the information reached the state via another state or an international organization and its publication shall be detrimental to the relations with the state or the organization. 7. If the disclosure of the information shall cause a serious and major hazard that affects the state economy or affects the public trust in the currency or the public health or environment. 8. If the disclosure of the information shall cause a danger to the life of an individual or his health or safety. 9. If the confidentiality was decided by virtue of a decision from the competent court or the public prosecution or the General Directorate of Investigations. 10. The information related to family conflicts, juvenile cases and ongoing investigations in criminal cases. | Exceptions which are problematical include: damage to third parties; state of the economy or public trust in the economy; and confidentiality decided not only by courts but also the prosecutor or General Directorate of Investigations. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 1 | The authority shall not disclose information in the following cases: 1. In case the disclosure affects national security or public security or defense capabilities, which include: − Weapons, tactics, strategies, forces and military operations. − Intelligence related to defeating aggressive acts and crimes perpetrated on the internal and external state security. − International communications and correspondence related to the defense affairs, military coalitions and strategic interests of the country. 2. If the privacy was decided by virtue of the Constitution or a law or a decision by the Council of Ministers – upon suggestion of the Minister concerned – by considering the papers it comprises as confidential for the duration determined by the Council. 3. If that leads to affecting the course of justice or incurs damage to third parties. 4. If the information pertains to private or medical life or personal status or accounts and banking transfers unless the authorized person agrees to disclose it. 5. If the information comprises a trade secret, the publication of which shall be detrimental to a commercial and financial interest of the stakeholders. 6. If the information reached the state via another state or an international organization and its publication shall be detrimental to the relations with the state or the organization. 7. If the disclosure of the information shall cause a serious and major hazard that affects the state economy or affects the public trust in the currency or the public health or environment. 8. If the disclosure of the information shall cause a danger to the life of an individual or his health or safety. 9. If the confidentiality was decided by virtue of a decision from the competent court or the public prosecution or the General Directorate of Investigations. 10. The information related to family conflicts, juvenile cases and ongoing investigations in criminal cases. | Exceptions which lack a harm test include: "affect" national security or defence (plus list of items there is overbroad); "affecting" the course of justice; and "related to" family conflicts, juvenile cases (as opposed to harm privacy). |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | 10. In case the application contains more than one piece of information, of which some is within the scope of the protection of privacy (understood as confidentiality) stipulated in this law, the authority shall partition the application whenever possible, or else it shall be rejected. | Limited rule on severability which seems to grant some discretion to refuse to sever. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | Partially | 1 | 11. The competent employee shall notify the applicant, in writing, of the rejection of his application, while indicating the reasons for rejection. Reg. 3. The competent employee shall, upon receiving the application, the following measures: (4) Reply to the person within the duration determined by law, and in case the application was rejected, the reply should be justified. | Must provide reasons but not notify about the right to appeal. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | Partially | 1 | In all cases of rejection of the application or absence of reply, the applicant may file a grievance to the authority which shall reply thereto within sixty days, and the rejection of the grievance shall be in a letter indicating the reasons for rejection. The absence of reply shall be considered as a rejection of the grievance. The executive regulations shall regulate the grievance procedure and settlement. Litigation procedures should not be taken before settling the grievance. | Right to an internal appeal but too long to respond. Articles 5-8 of the Regulations set out addition procedural rules on internal appeals. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | In all cases of rejection of the application or absence of reply, the applicant may file a grievance to the authority which shall reply thereto within sixty days, and the rejection of the grievance shall be in a letter indicating the reasons for rejection. The absence of reply shall be considered as a rejection of the grievance. The executive regulations shall regulate the grievance procedure and settlement. Litigation procedures should not be taken before settling the grievance. | Clearly recognised the possibility of legal appeals following an internal appeal. |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 2 | In all cases of rejection of the application or absence of reply, the applicant may file a grievance to the authority which shall reply thereto within sixty days, and the rejection of the grievance shall be in a letter indicating the reasons for rejection. The absence of reply shall be considered as a rejection of the grievance. The executive regulations shall regulate the grievance procedure and settlement. Litigation procedures should not be taken before settling the grievance. | Only a right to appeal refusals or mute refusals. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | No independent administrative oversight is provided for. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 14. Shall be punished by imprisonment for a duration that does not exceed two years and a fine that does not exceed Three Thousand Dinars or by one of these two penalties: 1. Every competent employee who refrained from providing the information to the applicant with no legal grounds. 2. Every competent employee who gave erroneous information to the applicant. 3. The person who intentionally destroyed documents pertaining to the information. 4. Everyone who violates the confidentiality of the information which was decided by virtue of this law or any other law. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | Partially | 1 | Law No. 2 of 2016 On Establishing Kuwait Anti-Corruption Authority and the Provisions on Disclosure of Assets and Liabilities, 40. The whistleblower shall be afforded protection from the time he or she submits the report, and the protection shall extend to include his or her spouse, relatives and all other persons closely connected to him, when necessary. 41. Protection of the whistleblower shall include the following: 1. Providing the whistleblower with personal protection: by not revealing his identity or whereabouts, and providing him with personal guards or a new place of residence, if circumstances so require.2. Providing the whistleblower with the administrative and occupational protection: by preventing any administrative action against him and guaranteeing the continuity of his employment salary, rights and benefits during the period decided by the Authority. 3. Providing the whistleblower with the legal protection: by not bringing a criminal, civil, disciplinary case against him, when the report fulfils the conditions contained in Article (38) hereof. The executive regulations shall determine other methods and procedures of protection and the forms thereof. 42. The executive regulations shall determine the means that the Authority may provide for the whistleblower, through which he can give his Statements in a manner that ensures all his material, moral and administrative guarantees to ensure his safety. 43. The State shall compensate the whistleblower or his heirs for any material or moral damages he may suffer from, as a result of the submission of the report, meeting the conditions contained in Article (38) hereof. The executive regulations shall set out the material and moral incentives that may be granted to the whistleblower and the conditions for granting them. | Only protection for exposing corruption via the anti-corruption law. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 3. They (public authorities) shall also appoint one or more competent employee(s) to examine the applications for access to information, enjoying sufficient expertise and know-how in their operations and grant them the necessary powers to search for and access the required information and provide it to the applicant. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5. The authorities are committed to publish on their website, within three years of the date of this law coming into force, a directory that contains lists of information available for disclosure, in particular the following: (6) A simplified guide regarding how to apply for information before the authority, and any data relating to those in charge of the information. | An obligation for public authorities to produce guides but nothing else. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 4. Each authority shall organize, classify and index the information and documents available therewith, according to the professional and technical procedures in force, and to classify what should be considered confidential and protected in accordance with the law, within two years of the date of this law coming into force. | A limited obligation to organise information but not a proper regime for this. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 3. They (public authorities) shall also appoint one or more competent employee(s) to examine the applications for access to information, enjoying sufficient expertise and know-how in their operations and grant them the necessary powers to search for and access the required information and provide it to the applicant. | Not really an obligation to conduct training but at least some requirement for information officers to have expertise and knowledge. |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
