Kuwait

Law No. 12 of 2020 Regarding the Right to Access Information

Law No. 12 of 2020 Regarding the Right to Access Information

Open Records Transparency: 36/100 (weak) Transparency Score: 36/100

RTI Rating: 54 (source)

Response Timeline

Initial Response
10 days
Extension
90 days
Residency Required
None

10 business days from receipt; extension permitted up to 3 months total with notification to requester

How to Submit a Request

Accepted Methods

  • Written — Must use official application template
  • Online — Electronic submission accepted via agency email or portal
  • In person — Submit at agency office

Requests must be submitted using official template. Fees: KWD 5 per document (≤10 pages); KWD 0.50 per additional page.

Required Elements

  • Contact information
  • Application date
  • Name of receiving authority
  • Specific information/documents requested and interest therein
  • Supporting documents
  • Non-use pledge
  • Email or electronic contact
  • Signature (written or electronic)

Fees

Inspection of information is free. Document copies cost KWD 5 per document (up to 10 pages) plus KWD 0.5 per additional page. The RTI Rating assessment notes these fees are 'clearly excessive' relative to reproduction costs.

Exemptions

  • National Security, Public Security, Defense
    Information may be withheld if disclosure would affect national security, public security, or defense matters.
  • Privacy/Confidentiality (Constitutional, Legislative, or Cabinet-Designated)
    Information protected by constitutional provisions, existing laws, or cabinet confidentiality orders. This is an absolute exemption that significantly limits the RTI law's scope.
  • Justice Obstruction or Third-Party Harm
    Information that would obstruct justice or harm third parties may be withheld.
  • Personal, Medical, or Financial Information
    Personal, medical, or financial information about individuals may be withheld.
  • Trade Secrets
    Trade secrets may be withheld if disclosure would cause harm.
  • International Relations
    Information sensitive to international relations may be withheld if disclosure would cause harm.
  • Economic/Environmental Harm
    Information that would harm the state, currency, public health, or environment may be withheld.
  • Individual Safety Threats
    Information that would threaten individual safety may be withheld.
  • Court/Prosecution/Investigation Confidentiality Orders
    Information under court or prosecution confidentiality orders must be withheld.
  • Family, Juvenile, and Ongoing Criminal Investigations
    Information related to family matters, juvenile cases, or ongoing criminal investigations must be withheld.

Kuwait's RTI law has significant structural weaknesses in its exemption framework. Most exemptions are discretionary but lack explicit harm tests. Critically, there is NO public interest override provision — even when disclosure would serve the public interest, exemptions still apply. Existing laws and cabinet confidentiality orders override the RTI law entirely, creating an absolute exemption that severely limits access. The law scored only 10/30 on the RTI Rating's Exceptions & Refusal section due to these overbroad exemptions and lack of balancing mechanisms.

Appeal Process

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Kuwait's RTI law scored 0/150 points on appeals and oversight indicators in the RTI Rating. Major weaknesses: (1) No independent administrative oversight body exists - no information commission or ombudsman for RTI appeals; (2) Internal grievance timeline of 60 days is excessively long compared to international best practices (typically 20 working days maximum); (3) Requirement to exhaust internal remedies before judicial appeal creates delays; (4) No dedicated fast-track appeal mechanism. The absence of an independent oversight body represents a critical gap in enforcement.