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Law for the Taking of Biometric Identification Means from Foreigners, the Production of Biometric Identification Data and a Database, 5784-2024

חוק נטילת אמצעי זיהוי ביומטריים מזרים, הפקת נתוני זיהוי ביומטריים ומאגר מידע, תשפ"ד-2024

Published: 2024-07-28Consolidated Hebrew text as of 2025-03-06 · Last amended 2024-07-28✓ 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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Chapter I: Definitions

Definitions§

1.

In this Law –

"biometric identification means" – means for identifying a person based on biometric information;

"biometric means or data" – biometric identification means or biometric identification data;

"biometric" – a physiological, unique human characteristic that is capable of computerised measurement;

"public body" – as defined in paragraph (1) of the definition "public body" in section 23 of the Privacy Protection Law;

"security suitability" – as its meaning in section 15 of the General Security Service Law, 5762-2002;

"the Committee" – the joint Knesset committee as defined in the Biometric Means Inclusion Law;

"the Biometric Applications Committee" – the joint Knesset committee for biometric applications, as defined in the Biometric Means Inclusion Law;

"foreigner" – a person who is not registered in the Population Registry, including an infiltrator;

"the Privacy Protection Law" – the Privacy Protection Law, 5741-1981;

"the Biometric Means Inclusion Law" – the Law for the Inclusion of Biometric Identification Means and Biometric Identification Data in Identity Documents and in a Database, 5770-2009;

"the Security Regulation Law" – the Law for the Regulation of Security in Public Bodies, 5758-1998;

"the Body Search Law" – the Criminal Procedure (Enforcement Powers – Body Search and Taking of Identification Means) Law, 5756-1996;

"the Entry into Israel Law" – the Entry into Israel Law, 5712-1952;

"the Infiltration Prevention Law" – the Law for the Prevention of Infiltration (Offences and Jurisdiction), 5714-1954;

"the Population Registry Law" – the Population Registry Law, 5725-1965;

"the Penal Law" – the Penal Law, 5737-1977;

"the Database" – as its meaning in section 11;

"the Biometric Applications Supervisor" – as defined in the Biometric Means Inclusion Law;

"travel document" – a passport, a laissez-passer or another document as referred to in section 7 of the Entry into Israel Law;

"infiltrator" – as defined in the Infiltration Prevention Law;

"the Population Registry" – as its meaning under the Population Registry Law;

"biometric identification data" – biometric data produced from biometric identification means, which may be used for the purpose of identifying or verifying a person's identity in a fully or partially computerised manner;

"security authorities" – the General Security Service and the Institute for Intelligence and Special Operations;

"Israel Police Orders" – as defined in the Police Ordinance [New Version], 5731-1971;

"the Minister" – the Minister of the Interior.

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Chapter II: Application of the Law

Application of the Law to Categories of Foreign Populations and Biometric Means§

2.

The provisions of this Law, in whole or in part, shall apply to categories of foreign populations and to categories of biometric means listed alongside them in the First Schedule.

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Chapter III: Taking of Biometric Identification Means from Foreigners and Production of Biometric Identification Data

Taking and Production for the Purpose of Inclusion in the Database§

3.
(a)An employee of the Population and Immigration Authority or another State employee whom the Minister has authorised for that purpose is empowered, for the purpose of regulating a foreigner's entry into Israel, stay in Israel and residence therein or departure therefrom, to take from the foreigner biometric identification means and to automatically produce therefrom biometric identification data, for the purpose of including the biometric means and data in the Database.
(b)Biometric means and data as referred to in subsection (a) shall be automatically deleted from every location in which they were stored during the taking and production process, immediately after their inclusion in the Database, and shall not be transferred to any other party.

Taking and Production for the Purpose of Comparison to Biometric Means or Data Contained in a Travel Document§

4.
(a)The holders of the positions listed below are empowered, for the purpose of identifying or verifying the identity of a foreigner, in the framework of carrying out their functions under law, to take from the foreigner biometric identification means, to automatically produce therefrom biometric identification data and to compare such means or data to the biometric means or data contained in the foreigner's travel document:
(1)an employee of the Population and Immigration Authority whom the Minister has authorised for that purpose;
(2)a police officer;
(3)a prison officer;
(4)an employee of a security authority whom the head of the security authority has authorised for that purpose;
(5)a soldier as defined in the Military Justice Law, 5715-1955, who has been authorised for that purpose pursuant to army orders as defined in that Law;
(6)a security officer or security guard appointed under the Security Regulation Law in bodies listed in the First Schedule or in item 1 of the Second Schedule to that Law;
(7)a security person as defined in the Aviation Law (Security in Civil Aviation), 5737-1977;
(8)a Knesset Guard member as defined in the Knesset Premises, Compound and Guard Law, 5728-1968, whom the Knesset Officer has authorised for that purpose;
(9)a security guard who is an employee of the Witness Protection Authority under the Witness Protection Law, 5769-2008;
(10)an employee in a public body whom the Minister has designated by Order, with the consent of the Minister of Justice and with the approval of the Committee, provided that the employee is required to provide a service to a foreigner within the scope of the activities of that public body;
(11)a position holder who is not a State employee, listed in the list of position holders designated by the Minister by Order, with the consent of the Minister of Justice and with the approval of the Committee, in whom one of the following conditions is fulfilled, and the Minister may prescribe in such an Order conditions and limitations that shall apply to such a position holder:
(a)the person is empowered, for the purpose of carrying out the person's functions, to require a person to identify himself or herself before the person;
(b)the person is subject under a legislative provision to a duty to verify identity or is assigned under a legislative provision a function whose performance requires identity verification;
(12)an employee of a health maintenance organisation as defined in the National Health Insurance Law, 5754-1994, or an employee of a hospital as its meaning in section 24 of the Public Health Ordinance, 1940, provided that the employee is required to provide a service to a foreigner in the field of health.
(b)Biometric identification means taken pursuant to the provisions of this section and biometric identification data produced therefrom, including biometric means and data contained in a travel document, shall not be stored in a computerised manner beyond what is required for the purpose of comparing them to the biometric means or data contained in the foreigner's travel document, or for the purpose of transferring them to the Database together with the biometric means and data contained in the travel document, pursuant to the provisions of section 5(d), and shall not be transferred to any other party.
(c)Biometric means or data as referred to in this section shall be automatically deleted from every location in which they were stored immediately after receipt of the result of the comparison referred to in subsection (b), unless comparison to the means or data in the Database is required pursuant to section 5(a).

Taking and Production for the Purpose of Comparison to Biometric Means or Data Contained in the Database, and their Inclusion in the Database§

5.
(a)The holders of positions listed in paragraphs (1) to (5) and (10) of section 4(a) are empowered, for the purpose of identifying or verifying the identity of a person in respect of whom there are grounds to assume that the person's stay in Israel requires a residence licence as its meaning in the Entry into Israel Law, in the framework of carrying out their functions under law, to take from that person a biometric identification means that is a facial image, to automatically produce therefrom biometric identification data and to compare that image or data and the image or data contained in that person's travel document to the biometric means or data contained in the Database, if that person does not present an identity document as defined in the Biometric Means Inclusion Law.
(b)Notwithstanding the provisions of subsection (a), if the comparison carried out pursuant to that subsection yielded a mismatch between the facial image taken from the foreigner or contained in the foreigner's travel document and the information stored in the Database, or if more than one match was returned, or if a suspicion arose that the identification details provided by the foreigner are not correct, a position holder as referred to in subsection (a) may take fingerprint images and compare them, or the data produced therefrom and from the travel document, to the biometric means or data contained in the Database.
(c)Biometric identification means taken pursuant to the provisions of this section and biometric identification data produced therefrom, including biometric means or data contained in a foreigner's travel document, shall not be stored in a computerised manner beyond what is required for the purpose of comparing them to the biometric means or data contained in the Database or for the purpose of including them in the Database as referred to in subsection (d), shall not be transferred to any other party, and they shall be automatically deleted from every location in which they were stored immediately after receipt of the result of the comparison or immediately after their inclusion in the Database, as the case may be.
(d)An employee of the Population and Immigration Authority whom the Minister has authorised for that purpose may direct that biometric means or data that were compared to the Database pursuant to this section be included in the Database, if the employee found that the means or data belong to a foreigner and that they are of a quality permitting comparison.

Taking, Production and Comparison by Automated Means§

6.
(a)The Minister may prescribe that taking, production and comparison pursuant to this Chapter may also be carried out by automated means and otherwise than before the position holders listed in this Chapter, and even before the foreigner's arrival in Israel.
(b)In regulations as referred to in subsection (a), the Minister shall prescribe provisions regarding the manner of the taking, production and comparison referred to in that subsection.

Consent to the Taking of Biometric Identification Means and Use of Reasonable Force§

7.
(a)The taking of biometric identification means from a foreigner pursuant to this Chapter shall be carried out after the foreigner's consent thereto has been requested, and after it has been brought to the foreigner's knowledge, in a manner to be directed by the Minister, that use may be made of the biometric identification means taken and of the biometric identification data to be produced therefrom also for the purpose of their inclusion in the Database subject to the provisions of this Law, or for the purpose of comparing them to the biometric means or data in a travel document as referred to in section 4 or to the biometric means or data in the Database as referred to in section 5.
(b)Where a police officer, inspector or border control officer has a reasonable suspicion that a foreigner who has reached the age of 14 years and to whom this Law applies is staying unlawfully or that the foreigner's entry into Israel has been refused, and that person has not given consent to the taking, the officer may take from the person biometric identification means using reasonable force, after warning the person of the intention to do so in a language intelligible to the person, and after approval has been given pursuant to subsections (c) and (d).
(c)Where a person has not given consent to the taking of biometric identification means, the person shall be brought before a police officer, a border control supervisor or the employee who is the superior of a border control officer and whom the head of the Population Authority has authorised for this purpose, as the case may be, for the purpose of obtaining written approval for the taking, including for the use of reasonable force required therefor; however, if the person's entry into Israel was refused on account of the person's failure to give consent to the taking of biometric identification means, the person shall be brought before the border station manager for the purpose of obtaining such approval.
(d)Before the police officer, the border control supervisor, the employee who is the superior of a border control officer or the border station manager, as the case may be, gives approval as referred to in subsection (c), the person shall be given an opportunity to state the reasons for the refusal, and it shall be explained to the person that reasonable force may be used for the taking.
(e)A person who has taken biometric identification means pursuant to this section shall, as soon as practicable after completion of the taking, record, as the case may be, a report on the course of the taking and shall sign it.
(f)A copy of the taking report shall be delivered to the person from whom the biometric identification means were taken.
(g)Provisions regarding the taking of biometric identification means using reasonable force as referred to in this section shall be prescribed in Israel Police Orders; such provisions shall also apply to the taking of biometric identification means pursuant to this section by an inspector or a border control officer, with the necessary modifications.
(h)In this section –

"border control supervisor", "border control officer" and "border station" – as their meaning in the Entry into Israel Law;

"inspector" – as its meaning in section 13d of the Entry into Israel Law;

"police officer" – a police officer of the rank of superintendent and above.

Authorisation of a Foreign Ministry Employee in respect of a Foreigner Staying Outside Israel§

8.

The powers conferred pursuant to the provisions of sections 3, 4 and 5 on an employee of the Population and Immigration Authority whom the Minister has authorised for that purpose shall be conferred on an employee of the Foreign Ministry whom the Minister of Foreign Affairs has authorised for that purpose, in respect of a foreigner staying outside Israel who requests to receive a visa for the purpose of entry into Israel, and the provisions of this Law applicable to an employee of the Population and Immigration Authority shall apply to an employee of the Foreign Ministry who has been so authorised, with the necessary modifications.

Consequences of a Foreigner's Refusal to Submit to the Taking of Biometric Identification Means§

9.
(a)Where a foreigner has refused to submit to the taking of biometric identification means by an employee of the Population and Immigration Authority as referred to in sections 3, 4(a)(1) or 5 or by an employee of the Foreign Ministry pursuant to section 8, a visa and residence licence as their meaning in the Entry into Israel Law shall not be granted to the foreigner, and if a visa and licence as aforesaid have been granted, the Minister may revoke them in accordance with the provisions of section 11 of that Law.
(b)Where a foreigner has refused to submit to the taking of biometric identification means as referred to in section 4 or 5, the foreigner shall be regarded as a person who has not identified himself or herself.

Preservation of Human Dignity and Privacy§

10.
(a)The taking of biometric identification means, the production of biometric identification data and their comparison to biometric means or data in a travel document or in the Database, pursuant to the provisions of this Law, shall be carried out in a manner and at a place that ensure, to the extent possible, the preservation of human dignity and privacy and prevent harm thereto in a measure exceeding what is required.
(b)The exercise of the power to transfer and receive information as referred to in Chapter V shall be carried out in a manner that does not infringe a person's privacy in a measure exceeding what is required.
(c)A person who has been conferred a power of taking, production, comparison or inclusion in the Database pursuant to the provisions of this Law shall not exercise the power unless the person has undergone appropriate training; training pursuant to this subsection shall relate, inter alia, to the manner of the taking, including taking using reasonable force pursuant to section 7, to the manner of the production, comparison and inclusion in the Database pursuant to this Law, to the manner of handling the biometric means or data taken or produced as aforesaid and to the risks arising from a failure to secure the information, all while strictly observing the dignity and privacy of the person from whom biometric identification means are being taken.

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LawAdministrative LawImmigration

חוק נטילת אמצעי זיהוי ביומטריים מזרים, הפקת נתוני זיהוי ביומטריים ומאגר מידע, תשפ"ד-2024

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foreign biometric law

netzilat amtzaei zihuy biometriim

biometric data law

biometric identification foreigners

Israel biometric law 2024

biometric registry law

foreigner biometric identification