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Global Data Protection in Kuwait

What is global data protection in Kuwait? Kuwait has no specific law protecting personal data, but provisions in other legislation protect the privacy and impose conditions on electronic transfers of information. Why and what is the impact? In this article, we will know the reason for no modern data protection.

Global Data Protection Kuwait

There is no specific law protecting personal data in Kuwait. However, several provisions in other legislative texts protect the privacy and impose conditions on electronic transfers of information to a foreign country.

The criminal Code prohibits interference with the liberty of citizens by illegal searches or seizures and the violation of their privacy. The penalty for such an offense can be up to five years in prison and a fine of up to KD 10,000.

Code of Criminal Procedure prohibits the disclosure of information related. It is to any criminal investigation, as well as the disclosure of any information relating to civil proceedings.

Public Gatherings Law bans the recording or taking photographs of participants in public gatherings.

Regulation for the Protection of Personal Data (RPPDA) prohibits any person from collecting, accumulating, or disseminating personal data without a legal basis. However, the law fails to define what constitutes personal data or what is “legitimate”.

Goals

The RPPDA was to protect personal information, but it fails to define what constitutes personal data. Moreover, the law lacks sufficient detail and clarity to effectively enforce its provisions.

Personal Data

Personal data is any information relating to an identified or identifiable natural person; an identifiable person can be identified, directly or indirectly, in particular. 

It is by reference to an identification number or one or more factors specific. Also, it is to his physical, physiological, psychic, economic, cultural, or social identity.

The RPPDA defines personal data as any information relating to an identified or identifiable natural person. So, the law omits pertinent details that would assist in implementing and enforcing its provisions. 

Data Controller

The RPPDA defines a data controller as any person who determines the purposes, conditions, and means of processing personal data. Also, the law does not limit the types of entities that can be data controllers.

Data Processing

The RPPDA defines data processing as the collection or recording of personal data, or the carrying out of any operation or any set of operations on these data, including their deletion or destruction. However, the law does not specify what constitutes a data operation.

Transfer of Personal Data

The RPPDA prohibits the transfer of personal data outside Kuwait unless one of the exceptions stated in Article 4 applies. So, the Article 4 exceptions include: 

  • consent of the individual or his legal representative; 
  • performance of an agreement between the data controller and the recipient; 
  • performance of a contract between them; 
  • compliance with a court order; 
  • provisions of the law; 
  • compliance with an administrative or judicial decision; 
  • public interest; 
  • implementation of a legal obligation of Kuwait; 
  • implementation of a contract between the data controller and any competent international organization.

Conclusion

There are no specific laws in Kuwait that provide for data protection. However, several provisions in other legislative texts protect the privacy and impose conditions on electronic transfers of information to a foreign country.

Personal data must be to ensure the safety of the individual and the security of his private life. 

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