Legal Regulation of the Right of Access to Information and Administrative Documents in Kuwaiti and French Laws: A Comparative Study

Dr. Saad Alenezi
Assistant Professor of Administrative Law – Kuwait International Law School

Abstract:

This research paper deals with one of the topics that have imposed themselves on the research table recently in light of the information revolution and digital challenges that have been reflected in all the joints of the administrative apparatus of the state. It is of great importance to achieve high levels of transparency and reform in all areas.
There is no doubt that the information stored in the administrative bodies – given its huge size and great importance – needs to establish certain controls that determine how to obtain it, and how to make it available to everyone in a smooth manner and without a series of complex procedures, as well as how to identify exceptions that are dictated by the public interest and prevent the disclosure of some information. In view of its sensitivity, there is an urgent need to define the rules that guarantee how this information will be disseminated, especially in modern means of publication, as well as the rules for its deposit, preservation and protection, and to determine the procedures to be followed in the event that individuals are unable to access this information, and enable individuals to appeal administratively and judicially against decisions that prevent individuals from obtaining the required information.

Keywords: access to information, transparency, administrative justice, administrative documents, confidentiality.

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