Analytical View on the Kuwaiti Right of Access to Information Law No. 20 of 2020

Dr. Talal Al Adwani
Assistant Professor of Commercial Law
Kuwait International Law School

Abstract:

The article addresses the executive regulation no. 62 of 2021 for the new law of right of access to information No. 12 of 2020 as the latter has come into force few months ago as an implication to the international system. The aim of this article is to attempt to create a brief on the law with analytical views on its provisions in the light of the practice of other jurisdictions, recommendations of related international entities and the international regulations. And about the methodology this article used a library-based research. It lacks a discussion of the Kuwaiti case law in related area (as it has recently come into force) although references were made to other jurisdiction’s case law, laws and scholars’ opinions. On the conclusion and recommendations: In a nutshell, this article arrived at a conclusion that the law in question lacks clarity in some areas; it does not imply maximum disclosure of information by the public entity, prolonged period to publish information and imposes an obligation on the part of the applicant to provide justification for his/her requested information. This article will be providing recommendations throughout the discussion.

Keywords: Entity, persona information, disclosure, application, regulation.

Read Full PDF Text (Arabic)