KUWAIT Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Mohammad Al Awadhi and Liana Rashid, GLA & Company
Executive Regulations of the CITRA Law Under Decision No 933 of 2015 (the “CITRA Regulations”) Under the CITRA Regulations, CITRA may refer to other competent authorities if – following investigation(s) – there are reasons to suspect a criminal offence. Employees of CITRA are empowered to monitor the implementation of CITRA’s laws and regulations. To this end, they have the right to enter places in order to inspect and control any unlicensed communications devices where the following are known or sus - pected to be present: • devices or networks; • communications facilities; and/or • all or part of the infrastructure used in the communications service. In the process of doing so, the employees are empowered to: • request and examine the Licensee’s licences, records and documents; • examine and view any communications equipment related to the provision of the service; and • view any form of information or documents related to the provision of the services. The E-Transactions Law Under Article 37, individuals who unlawfully access, disclose or publish any personal data registered in records or electronic process - ing systems of the relevant entities, related to the professional affairs, social status, health or financial status of individuals, whether registered with the entities or their employees, without the consent of the data subject or their legal rep - resentative, may face imprisonment for up to three years and a fine ranging from KWD5,000 to KWD20,000. Confiscation of the tools, programs
or devices used in the commission of the offence may also be ordered. Under Article 37, entities that collect, register or process any of the personal data stored with them on their electronic records or processing systems, using unlawful methods or without the consent of the person concerned or their representative, or that use the stored personal data for reasons other than those for which it was collected, may face imprisonment for up to three years and a fine ranging from KWD5,000 to KWD20,000. Confiscation of the tools, programs or devices used in the commission of the offence The Cybercrime Law addresses various forms of illegal access to electronic systems and data. It applies to individuals who unlawfully gain access to a computer, system, data-processing system, automated system or information net- work. The penalty for such actions can include imprisonment for up to six months and a fine ranging from KWD500 to KWD2,000, or either of these penalties. If the illegal access leads to the deletion, alteration, damage or unauthorised disclosure of data, the punishment increases to up to three years in prison and a fine between KWD3,000 and KWD10,000, especially if the data is personal (Article 2). The law also applies to those who illegally access government systems to obtain confidential infor - mation, whether directly or via the internet or other technological means. The penalty includes imprisonment for up to three years and a fine ranging from KWD3,000 to KWD10,000, or either of these penalties. If the access results in the alteration, deletion or disclosure of the data, the punishment escalates to imprisonment for up to ten years and a fine of between KWD5,000 and may also be ordered. The Cybercrime Law
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