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

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

Chapter One
Definitions

Article 1

In applying the provisions of this Law, the following words shall have the meanings set out opposite each of them:
– Entity / Entities: the ministries, authorities, public institutions and other public legal persons, the Kuwaiti companies in which the State or any of the aforementioned Entities holds more than 50% of their capital, and the private companies and institutions that keep information or documents on behalf of these Entities.
– Competent Employee: the employee designated by the Entity to receive, consider and respond to requests for obtaining information.
– Information: any statement, communication, knowledge or content relating to a particular subject; Information may be written, drawn, read, heard or seen, or conveyed by any other means.
– Person: every natural or legal person having an interest in obtaining Information from the Entity.

Chapter Two
Access to Information

Article 2

Every Person shall have the right to access and obtain the Information held by the Entities, insofar as this does not conflict with this Law and the legislation in force.
He shall also have the right to access the administrative decisions that affect his rights and to know the Information contained in any document relating to him.

Article 3

The Entities shall facilitate access to Information for Persons and ensure its disclosure at the time and in the manner prescribed in this Law.
They shall also appoint one or more Competent Employees to consider requests for obtaining Information, who shall have sufficient experience and knowledge of the Entity’s work, and shall grant them the powers necessary to search for and reach the requested Information and to provide it to whoever requests it.

Article 4

Each Entity shall organise, classify and index the Information and documents available to it in accordance with the established professional and technical standards, and shall classify those of them that are to be considered confidential and protected in accordance with the law, within two years from the date this Law comes into force.

Chapter Three
Disclosure by the Entity

Article 5

The Entities shall publish on their website, within three years from the date this Law comes into force, a guide containing lists of the Information available for disclosure, in particular the following:
1- The laws, systems, regulations and decisions under which they operate, the public policies that affect individuals, and the procedure followed in decision-making processes, including the channels of supervision and accountability.
2- The organisational structure, competences, functions and duties, as well as the policies and organisational documents.
3- A directory of the names of the heads of the Entities and the holders of leadership positions or their equivalents, their powers and duties, and the means of communicating with them.
4- Information on the programmes, projects and work of the Entity, and the procedures on the basis of which individuals can learn about them, including performance and quality indicators, procurement and tenders.
5- The provision of a facility on the website for individuals to participate with their proposals, opinions and complaints on all matters relating to the work of the Entity, and the mechanism for responding to them.
6- A simplified guide on how to submit a request for the Information it holds, and any data relating to the officials responsible for Information.
7- The services and rights of benefit provided to the public, any public support programmes, the list of beneficiaries and the conditions for benefiting from them.
8- The announcement of vacant public positions, the conditions and rules for appointment to them, and the names and results of the tests and personal interviews of those accepted.
9- The locations of the toxic and radioactive materials used and of hazardous waste, their nature and risks, the quantity of emissions resulting from manufacturing, and the measures taken to limit the resulting damage, if any.
10- The identification of the locations of mines left over from wars and the signs indicating them, if any.
And any other Information that the Entity considers necessary to publish.
This guide shall be updated whenever the need arises.

Chapter Four
Request for Obtaining Information

Article 6

A request for obtaining Information shall be submitted in writing to the Entity that holds the Information, on the form prepared for that purpose, accompanied by the data and documents as specified by the Executive Regulations.

Article 7

The Competent Employee shall, immediately upon receiving the request, give the applicant a notice stating the request number, the date of its submission, the type of Information requested and the period required for responding to it.

Article 8

The Competent Employee shall – after referral to the head of the Entity or whomever he authorises – respond to the applicant within ten working days from the date of receiving the request. This period may be extended by an equal period or more if the request includes a large amount of Information, or if access to the Information requires consulting another Entity, provided that the applicant is notified thereof, and provided that the total of these periods shall not, in any case, exceed three months.

Article 9

Upon approving the request, the Competent Employee shall enable the Person to access the Information concerned, and shall deliver to him copies of the documents relating to it if he so requests, after payment of the fee specified by the Executive Regulations.

Article 10

If the request contains more than one item of Information, and some of them fall within the scope of the privacy protection specified in this Law, the Entity shall divide the request whenever possible; otherwise, the request shall be rejected.

Article 11

The Competent Employee shall notify the applicant in writing of the rejection of his request, stating the reasons for the rejection.

Chapter Five
Protection of Information

Article 12

The Entity is prohibited from disclosing Information in the following cases:
1- If the disclosure affects national security, public security or defence capabilities, including:
– Weapons, tactics, strategies, forces and military operations.
– Intelligence information relating to the thwarting of hostile acts and of crimes against the internal and external security of the State.
– International communications and correspondence relating to defence affairs, military alliances and the strategic interests of the country.
2- If confidentiality has been established under the Constitution or a law, or by a decision of the Council of Ministers – upon the submission of the concerned Minister – deeming the papers containing it confidential, and for the period specified by the Council.
3- If this would affect the course of justice or cause harm to others.
4- If the Information relates to private life or medical matters, personal status, or bank accounts and transfers, unless the person concerned consents to its disclosure.
5- If the Information contains a trade secret and its publication would weaken a commercial and financial interest of the persons concerned.
6- If the Information has reached the State through another state or an international organisation and its publication would harm relations with that state or organisation.
7- If the disclosure of the Information would create a serious and grave danger affecting the economy of the State, or would undermine public confidence in the currency, or would affect public health or the environment.
8- If the disclosure of the Information would endanger the life, health or safety of an individual.
9- If confidentiality has been established by a decision of the competent court, the Public Prosecution or the General Department of Investigations.
10- Information relating to family disputes, juvenile cases and ongoing investigations in criminal cases.

Article 13

In all cases of rejection of the request or failure to respond, the applicant may submit a grievance to the Entity, which shall respond to it within sixty days. The rejection of the grievance shall be by a letter stating the reasons for the rejection, and failure to respond shall be deemed a rejection of the grievance.
The Executive Regulations shall regulate the procedures for the grievance and for deciding on it.
Legal proceedings may not be instituted before the grievance has been decided.

Chapter Six
Penalties

Article 14

The following shall be punished by imprisonment for a term not exceeding two years and a fine not exceeding three thousand dinars, or by either of these two penalties:
1- Any Competent Employee who refrains from providing the Information to the applicant without a lawful justification.
2- Any Competent Employee who gives incorrect Information to the applicant.
3- Whoever intentionally destroys the documents or records relating to the Information.
4- Whoever breaches the confidentiality of Information established under this Law or any other law.

Article 15

The Public Prosecution shall have exclusive competence over the investigation, disposition and prosecution of all the crimes set out in this Law.

Chapter Seven
Final Provisions

Article 16

The Executive Regulations of this Law shall be issued by a decision of the Minister of Justice within six months from the date of issuance of this Law.

Article 17

The Prime Minister and the Ministers, each within his competence, shall implement this Law, which shall come into force six months after the date of its publication in the Official Gazette.

Issued on 31 August 2020 and published in the Official Gazette Kuwait Al-Youm on 6 September 2020.