The new legal requirements of consent in Kuwait

The new legal requirements of consent in Kuwait
Journal Article
Noura Hezam Almutairi
International Data Privacy Law, 28 February 2024
Extract
Introduction
    Private and public sector controllers collect and process Internet user data. Consent is a legitimate basis for processing their information. Consent is the legal tool that enables Internet users to control their data to safeguard their right to privacy. Nonetheless, laws governing consent in Kuwait have failed to achieve their objective for three reasons.
First, many Internet users are unwilling to read and understand the content of the privacy notice (of social media sites, smart mobile apps, Internet of Things [IoT] devices such as Fitbit) or cookies (of e-commerce companies such as Amazon and search engines such as Google). The notice may be written in complex and vague language, such as legal jargon, or be overly long. Therefore, Internet users consent to cookies and privacy notices without knowing how their collected data will be used or to whom it will be disclosed.
Secondly, while a user may understand the privacy notice, they only sometimes have an option or right to refuse. This instance is similar to a contract of adhesion, as the individual’s consent is not freely given. Finally, vulnerable Internet users, such as children, may consent to privacy notices without understanding the implications of agreeing to them…