Kuwaiti Law and Artificial Intelligence: The Way Forward

By Attorney Abdulrahman Alhouti
Special to The Times Kuwait

With the rapid advancement of artificial intelligence (AI) technologies, there is an urgent need for clear legal frameworks to regulate the use of this modern technology and mitigate its potential risks.

Considering this new reality, Kuwait—like many other nations—stands at a crossroads: it must either keep pace with the digital transformation by enacting advanced legislation to govern artificial intelligence, or risk falling behind in a technological evolution that waits for no one.

Despite the broad utility of artificial intelligence across fields such as healthcare, data processing, and content development, its deployment raises important legal concerns, even as it improves operational efficiency and lowers costs.

Among the legal challenges is the issue of liability for harm arising from the use of artificial intelligence: should responsibility be borne by the programmer, the entity deploying the system, or the AI itself? Moreover, to what extent is it legally permissible to rely on AI when making decisions that impact individuals’ rights—such as those concerning supervised release, employment, or credit approval?

In addition, there are growing concerns regarding the ethical and legal boundaries arising from the increasing use of AI technologies by authorities in some countries for purposes such as facial recognition or behavioral analysis in surveillance activities.

As for the situation in Kuwait, as of the time of writing this article, there are no specialized or explicit legislative provisions directly regulating the use of artificial intelligence. However, this does not indicate a total absence of applicable legislation. There are some general laws that may apply to certain AI applications—for example, the Cybercrime Law, which criminalizes certain acts that could be committed using AI tools, such as privacy breaches or data manipulation.
Likewise, the Electronic Transactions Law provides a general framework for digital dealings, although it does not specifically address artificial intelligence.

With the initial utilization of artificial intelligence technologies by certain governmental entities in delivering digital services, an urgent need arises for a comprehensive and specialized legal framework that offers clear and effective solutions to the legal complexities associated with this emerging and unprecedented technology.

To ensure the safe and regulated use of artificial intelligence across all public sector institutions and within the private sector, it has become imperative to enact a dedicated legislation that provides precise definitions of artificial intelligence, establishes legal accountability, and governs its use across all sectors—particularly in highly sensitive fields such as healthcare, interior security, and the judiciary.

Among the proposals worthy of serious consideration for regulating this technology is the establishment of an independent national authority for artificial intelligence. Such a body would be tasked with monitoring the development of AI technologies, issuing regulatory recommendations, and ensuring that their usage complies with ethical and legal standards.

Moreover, it is essential to update the curricula of law faculties to incorporate concepts of artificial intelligence and its legal dimensions, in order to prepare a new generation of lawyers and judges capable of addressing the challenges of this emerging reality.

Evidently, working within the international framework is no less important than enacting domestic legislation. This includes joining international agreements or charters aimed at regulating artificial intelligence, such as the UNESCO Recommendation on the Ethics of Artificial Intelligence, which outlines fundamental principles relating to respect for human rights, privacy, justice, and non-discrimination in the use of AI systems.

Considering that artificial intelligence has become a substantial tool for achieving sustainable development and supporting the ambitious goals of our government—particularly in relation to digital transformation and the ‘Kuwait Vision 2035’—the regulation of its use in Kuwait can no longer be delayed.

While AI opens new horizons for development and improved services, the absence of a legal framework may lead to challenges that impact privacy, individual rights, and even societal values. Therefore, the development of flexible, balanced, and technology-responsive legislation will be the decisive factor in shaping Kuwait’s trajectory within this complex technological landscape.