Kuwait Bans Eavesdropping Devices, Requires Prior Permission

Fahd Al-Shoula, Minister of State for Municipal Affairs and Minister of State for Communications Affairs, has amended the executive regulations regarding the misuse of communication and eavesdropping devices (bugging devices). It clearly prohibits the use, circulation, possession, sale, or display of audio or visual eavesdropping devices. The document emphasizes that these devices must be used with the permission of the Public Prosecution.

As a result of the decision, which consists of 12 articles, no entity can subject any phone to surveillance or provide data and information about calls made or received on any telephone device without obtaining permission from the Public Prosecution. Permission is granted to monitor specific phones during a specific period related to an investigation.

A letter from the Communications and Information Technology Commission prompted the decision due to the need for updated regulations. As a result of the Minister's decision, individual privacy will be preserved, data will be protected, and modern information and communication technology will be aligned.

Permission for surveillance must also be granted by an official letter from the Public Prosecutor or public attorney, ensuring full confidentiality. In order to protect the privacy of the individuals under surveillance, the monitoring results are sent directly to the requesting party, with a copy to the Public Prosecution.

Furthermore, the decision prohibits the use, trade, possession, sale, or display of any audio or visual eavesdropping devices, with the regulatory authority responsible for defining their type, nature, and technical specifications. The regulatory authority reviews requests from official authorities for the possession and use of eavesdropping devices, and only grants approval after obtaining the necessary ministerial approval.

The decision highlights that it is permissible to transfer calls to and from Kuwait via satellite, the Internet, or any other technical means of connection, subject to the approval of the Communications and Information Technology Regulatory Authority. The Authority is responsible for licensing international carriers to transport international traffic to and from Kuwait, ensuring compliance with established controls and regulations.

Stores, businesses, and individuals will be inspected for violations of Law No. 9 of 2001 by inspection teams from the Authority with the necessary judicial control, in cooperation with competent authorities, the Ministry of Interior, and the Public Prosecution. According to the specified regulations, 9 of 2001 has been implemented.a

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