Computers Law, 5755-1995

In this Law –

"computer material" – software or information;

"computer" – a device that operates by means of software to perform arithmetic or logical processing of data, and its peripheral equipment, including a computer system, but excluding an auxiliary computer;

"auxiliary computer" – a computer capable of performing arithmetic calculation operations only and operations attendant upon the performance of such operations;

"information" – data, signs, concepts or instructions, other than software, expressed in a computer-readable language, and stored in a computer or in another storage medium, provided that the data, signs, concepts or instructions are not intended for use in an auxiliary computer only;

"output" – data, signs, concepts or instructions produced, in any manner whatsoever, by a computer;

"computer-readable language" – a form of expression suitable for transmission, interpretation or processing by a computer or an auxiliary computer only;

"software" – a set of instructions expressed in a computer-readable language, capable of causing a computer to function or of causing a computer to perform an operation, and which is embodied, imprinted or marked in a device or object by electronic, electromagnetic, electrochemical, electro-optical or other means, or which is imprinted in or integrated with the computer in any manner or which is separate therefrom, all provided it is not intended for use in an auxiliary computer only.

One who unlawfully does any of the following is liable to three years' imprisonment:

One who unlawfully intrudes into computer material located in a computer is liable to three years' imprisonment; for this purpose, "intrusion into computer material" – intrusion by means of communicating or connecting with a computer, or by operating it, but excluding intrusion into computer material that constitutes interception under the Wiretap Law, 5739-1979.

One who does an act prohibited under section 4 in order to commit an offence under any law, other than under this Law, is liable to five years' imprisonment.

An act from among the following acts constitutes a tort under the Civil Wrongs Ordinance [New Version], and the provisions of that Ordinance shall apply thereto –

In a civil action brought under this Chapter, the burden of proof that the act was done lawfully lies upon the defendant.

No damages shall be awarded in a civil action whose cause of action arises under this Chapter, unless it has been proved that the harm was caused as a result of the negligence of the defendant.

In the Evidence Ordinance [New Version], 5731-1971, in Chapter II –

"Definitions

35. In this Chapter –

'legal proceeding' – a civil or criminal proceeding before a court in which evidence may be adduced;

'institution' – the State, a local authority, a business or any person who provides a service to the public;

'business' – including a profession;

'output' – as defined in the Computers Law, 5755-1995;

'institutional record' – a document, including output, that was prepared by an institution in the ordinary course of its activity;

'banking corporation' – as defined in the Banking (Licensing) Law, 5741-1980, and including the Bank of Israel.

Admissibility of an Institutional Record

36. (a) An institutional record shall be admissible evidence of the truth of its contents in any legal proceeding, if all of the following conditions are met –

"Non-Compulsion to Submit an Institutional Record of a Banking Corporation

38. In a legal proceeding in which the banking corporation is not a party, a banker or an officer of a banking corporation may not be compelled to submit an institutional record of a banking corporation whose contents may be proved under this Section, or to testify as to matters concerning transactions or accounts recorded in the institutional record, except pursuant to an Order of the court given for special reasons.";

"Expert Opinion

39a. Where the output constitutes an expression of opinion on a matter of science, research, art, professional knowledge or medicine, the output shall not be admissible as evidence unless it has been submitted in accordance with the provisions of the law applicable to the submission of testimony on such matters.

Savings Provisions

39b. (a) The provisions of this Section shall not render admissible evidence that is inadmissible for another reason that is not the rule excluding hearsay evidence, and shall not disqualify or limit the submission of evidence that is admissible under those rules or under another law.

"Copy of an Institutional Record

41a. The contents of an institutional record may be proved by a photographic copy of the record.

Status of Output

41b. For the purposes of this Section, output that is an institutional record shall not be regarded as a copy of the document on the basis of which it was produced, but as an original.";

In the Criminal Procedure Ordinance (Arrest and Search) [New Version], 5729-1969 –

"'computer', 'computer material' and 'output' – as defined in the Computers Law, 5755-1995";

"Intrusion into Computer Material

23a. (a) Intrusion into computer material and also the production of output in the course of such intrusion shall be regarded as a search and shall be carried out by a person holding a position who is skilled in performing such operations; for this purpose, 'intrusion into computer material' – as defined in section 4 of the Computers Law, 5755-1995.

"(b) Notwithstanding the provisions of this Chapter, a computer or a thing that embodies computer material shall not be seized if it is in use by an institution as defined in section 35 of the Evidence Ordinance [New Version], 5731-1971, except pursuant to an Order of a court; an Order given otherwise than in the presence of the person holding the computer or the thing that embodies computer material shall be given for a period not exceeding 48 hours; for this purpose, Sabbaths and festivals shall not be counted in the reckoning of hours; a court may extend the Order after the person holding it has been given an opportunity to present arguments."

The Minister of Justice is charged with the implementation of this Law and may, with the approval of the Constitution, Law and Justice Committee of the Knesset, make Regulations in relation to anything concerning its implementation.

This Law shall commence three months from the date of its publication.