Kuwait
Law No. 12 of 2020 Regarding the Right to Access Information
Law No. 12 of 2020 Regarding the Right to Access Information
Transparency Score: 36/100
RTI Rating: 54 (source)
Response Timeline
10 business days from receipt; extension permitted up to 3 months total with notification to requester
How to Submit a Request
Accepted Methods
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
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National Security, Public Security, DefenseInformation may be withheld if disclosure would affect national security, public security, or defense matters.
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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.
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Justice Obstruction or Third-Party HarmInformation that would obstruct justice or harm third parties may be withheld.
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Personal, Medical, or Financial InformationPersonal, medical, or financial information about individuals may be withheld.
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Trade SecretsTrade secrets may be withheld if disclosure would cause harm.
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International RelationsInformation sensitive to international relations may be withheld if disclosure would cause harm.
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Economic/Environmental HarmInformation that would harm the state, currency, public health, or environment may be withheld.
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Individual Safety ThreatsInformation that would threaten individual safety may be withheld.
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Court/Prosecution/Investigation Confidentiality OrdersInformation under court or prosecution confidentiality orders must be withheld.
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Family, Juvenile, and Ongoing Criminal InvestigationsInformation 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.
Sources & References
- Full text of law →
- Primary source →
- RTI Rating - Kuwait Country Data →
- LSE Middle East Centre - Right to Access Information and Digital Transformation in Kuwait →
- Kilaw Journal - Analytical View on the Kuwaiti Right of Access to Information Law →
- Central Bank of Kuwait - Law 12/2020 Implementation →