The Right to Privacy under Kuwaiti Law

: Towards Strengthening it against Private Companies and Ensuring Civil Liability for its Breach

Abstract

The fundamental aims of this thesis are to propose solutions for how Kuwaiti law could be improved in order to strengthen internet users’ right to privacy (as control over their personal information) against the risk posed by private companies, and to ensure civil liability or the right to compensation for breaching the right to privacy. It is not conceivable that internet users will be in a position of control over their information or data at all times, especially with the advanced digital technology, such as artificial intelligence (AI), that is used by many private companies, and moreover, the inevitable data security issues that may expose internet users’ private data online. In order to propose critical recommendations for reforming Kuwaiti Law, this thesis first examines and evaluates the inadequate level of protection for internet users’ right to privacy under the existing Kuwaiti laws, and assesses and examines the reasons that are responsible for making these laws deficient in ensuring damages for breach of the right to privacy. These laws are, namely, the Electronic Transaction Act (ETA) no. 20 of 2014; the Regulation of User Protection and Privacy issued by the Communication and Information Technology Regulatory Authority (CITRA); Article 70 of the CITRA Act, which will be demonstrated in conjunction with Article 29 of Act no. 75 of 2019 on the Protection of Copyright and Neighbouring Rights (PCNR); and the legal rules governing tortious liability under the Kuwaiti Civil Code (KCC) no. 67 of 1980.

This thesis then explores comparative laws, specifically Article 50 of the Egyptian Civil Code no. 131 of 1948 (ECC), and the EU General Data Protection Regulation (GDPR), to gain a better understanding of the legal issues under the existing Kuwaiti laws, and to conclude this thesis with critical suggestions and recommendations for how these laws could be overhauled.

Date of Award	2021
Original language	English
Awarding Institution	University of Dundee
Sponsors	Kuwait University
Supervisor	Jacques Hartmann (Supervisor) & Mohd Hwaidi (Supervisor)