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Law for the Installation of Cameras for the Protection of Toddlers in Day Care Centres for Toddlers, 5779-2018

חוק התקנת מצלמות לשם הגנה על פעוטות במעונות יום לפעוטות, תשע"ט-2018

Published: 2018-12-27Consolidated Hebrew text as of 2026-07-08 · Last amended 2024-11-14✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Section C: Miscellaneous Provisions

Appeal, Stay of Execution and Refund§
7v.
(a)A final decision of the Supervisor under this Section may be appealed to the Magistrate's Court presided over by the President of the Magistrate's Court, within 45 days of the date on which notice of the decision was delivered.
(b)The submission of an appeal under subsection (a) does not stay the execution of the decision, unless the Supervisor has agreed thereto or the court has so ordered.
(c)Where the court has decided, after the financial sanction has been paid, to allow an appeal as provided in subsection (a), and the court has ordered the return of the amount of the financial sanction paid or the reduction of the financial sanction, the amount paid or any part thereof that has been reduced shall be refunded, together with shekel interest from the date of its payment until the date of its return, and the provisions of the Interest and Linkage Law shall apply in respect of such interest, with the necessary modifications.
Publication of Decisions to Impose Financial Sanctions§
7w.
(a)Where the Supervisor has imposed a financial sanction under this Section, the Supervisor shall publish on the internet website of the Ministry of Education the following particulars, in a manner that ensures transparency regarding the exercise of discretion in making the decision to impose a financial sanction:
(1)the fact of the imposition of the financial sanction;
(2)the nature of the contravention in respect of which the financial sanction was imposed, the date of commission of the contravention and the circumstances of the contravention;
(3)the amount of the financial sanction imposed;
(4)where the amount of the financial sanction has been reduced — the circumstances by virtue of which the amount of the financial sanction was reduced and the rates of reduction;
(5)relevant particulars concerning the contravener;
(6)the name of the contravener — where the contravener is a corporation.
(b)Where an appeal has been submitted under section 7v against the Supervisor's decision to impose a financial sanction, the Supervisor shall publish, in accordance with subsection (a), notice of the submission of the appeal and its outcome.
(c)Notwithstanding the provisions of subsection (a)(6), the Supervisor may publish the name of a contravener who is an individual, after having given that person an opportunity to state submissions in that regard, if the Supervisor is of the opinion that it is necessary for the purpose of warning the public; the opportunity to state submissions under this subsection may be given to the contravener within the framework of the right to be heard under section 7i, provided that the Supervisor has notified the contravener of the intention to publish the contravener's name in the notice of intention to charge under section 7h.
(d)Notwithstanding the provisions of this section, the Supervisor shall not publish particulars that constitute information which a public authority is precluded from disclosing under section 9(a) of the Freedom of Information Law, 5758-1998, and may also refrain from publishing particulars under this section that constitute information which a public authority is not obliged to disclose under section 9(b) of that Law.
(e)Publication under this section in respect of a financial sanction imposed on a corporation shall be for a period of four years, and in respect of a financial sanction imposed on an individual — for a period of two years.
(f)The Minister may prescribe additional means of publishing the particulars referred to in this section.
Preservation of Criminal Liability§
7x.
(a)Payment of a financial sanction or delivery of an administrative warning under this Chapter shall not derogate from a person's criminal liability for the contravention of a provision of the provisions under this Law listed in section 9, which constitutes an offence.
(b)Notwithstanding the provisions of subsection (a), where the Supervisor has delivered to a contravener a notice of intention to charge or an administrative warning in respect of a contravention that also constitutes an offence, no indictment shall be filed against that person in respect of that contravention, unless new facts have come to light justifying this; where new facts as aforesaid have come to light and an indictment has been filed against the contravener after the contravener has paid a financial sanction, the amount paid shall be refunded to the contravener, together with shekel interest from the date of its payment until the date of its return, and the provisions of the Interest and Linkage Law shall apply in respect of such interest, with the necessary modifications.
(c)Where an indictment has been filed against a person in respect of a contravention that constitutes an offence, the Supervisor shall not take proceedings against that person under this Chapter in respect of the contravention.

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Chapter V: Miscellaneous Provisions

Savings Provisions and Permitted Use of Cameras§

8.
(a)Nothing in the provisions of this Law shall derogate from the duty of reporting under section 368d of the Penal Law, 5737-1977.
(b)Nothing in the provisions of this Law shall prevent filming in a day care centre for toddlers and the use of recordings —
(1)for various purposes including education and instruction, provided that cameras installed at the day care centre are not used;
(2)during hours when toddlers are not present at the day care centre.

Offences§

9.
(a)A person who copies recordings, transfers them or other information enabling their viewing to another, or uses them or information revealed to that person from them, publishes them or permits another to view them, contrary to the provisions of section 7, is liable to imprisonment for six months.
(b)A person who causes, including by negligence, by act or omission, recordings under this Law not to be retained in accordance with the provisions of this Law, is liable to imprisonment for six months.

Civil wrong§

9a.

The following constitute a tort under the Privacy Protection Law, 5741-1981, and the provisions of the Civil Wrongs Ordinance [New Version] shall apply to them:

(1)enabling a person who does not have authorisation to view recordings under this Law, or using information disclosed from them in contravention of the provisions of this Law;
(2)enabling, by an operator of a day care centre for toddlers, real-time viewing otherwise than in accordance with the provisions of this Law.

Report to the Knesset§

9b.
(a)The Minister shall report to the Committee, once a year, on all of the following, in respect of the year preceding the date of the report:
(1)the number of operators of day care centres for toddlers who notified the Supervisor of their intention to activate viewing in one of the ways listed in sections 7a or 7b;
(2)the number of complaints received by the Ministry of Education following real-time viewing or periodic viewing;
(3)the subject-matter of the complaints received following real-time viewing or periodic viewing, the parties who submitted them and the manner in which they were handled, broken down according to the areas of supervision by the Ministry of Education.
(b)The Committee shall hold a discussion on the report received pursuant to subsection (a) promptly after its receipt.

Implementation and Regulations§

10.
(a)The Minister is responsible for the implementation of this Law, and shall designate for that purpose inspectors as referred to in the Day Care Centres for Toddlers Supervision Law, except in respect of supervision of the relationship between the operator of the day care centre, the system administrator and the parents of the toddlers at the day care centre, in respect of real-time viewing and periodic viewing, and in respect of compliance with the operating instructions, information security and cyber protection of the camera system in the framework of real-time viewing and periodic viewing; and the Minister may, with the approval of the Committee, make Regulations on any matter relating to its implementation.
(b)The Minister of Justice, with the consent of the Minister and after consulting the Minister of Internal Security, and with the approval of the Committee, may make Regulations on the following matters:
(1)the manner of installing cameras in day care centres for toddlers and operating them;
(2)the type of cameras to be installed, as well as the use of technologies that reduce harm to privacy, including transitional provisions in respect of cameras that were installed in a day care centre for toddlers at the time when the obligation to install them came into effect;
(3)provisions in respect of the storage and security of recordings, including in respect of information security, cyber protection, passwords, access to information and disruption of information; Regulations under this paragraph also require consultation with the Israel National Cyber Directorate;
(4)the period during which recordings shall be retained, which shall not exceed 90 days and shall not be less than 30 days.

Limitations on application§

11.

The provisions of this Law shall not apply to the following:

(1)a day care centre for toddlers operating on premises that also serve as a residence;
(2)a day care centre for toddlers to which the Day Care Centres for Toddlers Supervision Law does not apply by virtue of the provisions of section 61 of that Law, except for a rehabilitative day care centre;
(3)a day care centre for toddlers in which 70% of the parents of the toddlers staying therein have objected in writing to the operation of cameras at the day care centre in accordance with the provisions of this Law.

Amendment of the Day Care Centres for Toddlers Supervision Law§

12.

In the Day Care Centres for Toddlers Supervision Law, 5779-2018 –

(1)in section 6(a), after paragraph (8) the following shall be inserted:

"(9) the applicant for an operating licence has demonstrated, to the satisfaction of the Supervisor, that the applicant is complying with the provisions of the Law for the Installation of Cameras for the Protection of Toddlers in Day Care Centres for Toddlers, 5779-2018.";

(2)in section 21 –
(a)in subsection (a), in the opening passage, the words "or a person authorised on the Supervisor's behalf" shall be deleted;
(b)wherever appearing, instead of "the Supervisor" there shall come "the Minister" and instead of "to the Supervisor" there shall come "to the Minister";
(3)in section 24, wherever appearing, instead of "the Supervisor" there shall come "the Minister";
(4)in section 74, instead of "5780" there shall come "5779".

Amendment of the Rehabilitative Day Care Centres Law – No. 7§

13.

In the Rehabilitative Day Care Centres Law, 5760-2000, in section 7(b), after "under this Law" there shall come "under the Law for the Installation of Cameras for the Protection of Toddlers in Day Care Centres for Toddlers, 5779-2018".

Commencement and application§

14.
(a)This Law commences on the 1st of Elul 5779 (1 September 2019) (hereinafter – the commencement date); however, sections 9, 12(1) and 13 commence on the 12th of Elul 5780 (1 September 2020) (hereinafter – the end of the transitional period).
(b)Notwithstanding the provisions of subsection (a) –
(1)during the period from the commencement date until the end of the transitional period, in respect of day care centres for toddlers in which, on the date of publication of this Law, cameras were not installed, the provisions of this Law shall apply from the date on which cameras are installed within the day care centre for toddlers; however, no obligation to install cameras or to operate them shall apply to such centres;
(2)in respect of day care centres for toddlers in which, on the date of publication of this Law, cameras were installed – the provisions of this Law shall apply from the end of the transitional period onwards;
(3)during the period from the commencement date until the end of the transitional period, the Israel Police and the prosecution authorities shall be permitted to make use of recordings under this Law or of information disclosed from them, in accordance with their powers under any law, notwithstanding the provisions of section 7.

Financial assistance for the installation of cameras in day care centres for toddlers§

15.

By the commencement date, the Director General of the Ministry of Labour, Welfare and Social Services shall issue instructions in respect of financial assistance to day care centres for toddlers for the purpose of installing cameras in accordance with the provisions of this Law; the instructions shall be issued with the consent of the Budget Supervisor at the Ministry of Finance.

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Schedule (section 7g(b))

Schedule (section 7g(b)) — table
The Provision Column AAmount of the Financial Penalty
Column BColumn CColumn D
—Small Day Care CentreMedium Day Care CentreLarge Day Care Centre

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