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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Chapter IV: Establishment of a Database and its Management
Database of Biometric Identification Means and Biometric Identification Data§
11.
(a)The Minister shall establish within the Population and Immigration Authority a biometric information database, which shall include biometric identification means taken from foreigners pursuant to the provisions of this Law or biometric identification data produced from those means, as well as biometric means or data contained in travel documents of foreigners (in this Law – the Database).
(b)The Database shall be confidential and no information shall be provided from it nor shall access thereto be permitted, except pursuant to the provisions of this Law.
(c)The Database shall be managed by an employee of the Population and Immigration Authority whom the Minister has authorised for that purpose (in this Law – the Database Manager), and employees who possess appropriate security suitability shall be employed in its operation, and they shall act in accordance with the instructions of the Database Manager and under the Database Manager's supervision.
Access to the Database§
12.
(a)Access to the information in the Database shall be pursuant to the provisions of this Law only.
(b)For the purpose of carrying out their functions, employees engaged in operating the Database shall have access to the Database in accordance with the authorisations to be determined by the Database Manager.
(c)The determination of persons authorised to access the Database and the conditions and limitations that shall apply to them shall be carried out in a manner that reduces, to the extent possible, the number of authorised persons and the scope of information accessible to them.
Privacy Protection Officer§
13.
(a)The Minister, after consulting with the Minister of Justice, shall appoint, from among the employees of the Minister's office, a privacy protection officer for the Database; the privacy protection officer shall supervise the preservation of the privacy of the foreigners whose biometric means or data are contained in the Database, in accordance with the provisions under the Privacy Protection Law and guidelines thereunder, and pursuant to this Chapter.
(b)The privacy protection officer shall submit to the Minister, not later than 31 March of each year, an annual report on the officer's activities and on the observance of the privacy protection provisions pursuant to this Law and pursuant to the Privacy Protection Law in respect of the Database.
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Contact Us →Chapter V: Transfer of Information from the Database and Access thereto
Transfer of Information from the Database and Access thereto§
14.
Notwithstanding the provisions of Chapter IV of the Privacy Protection Law and the provisions of any other law, the transfer of biometric means and data from the Database and access to the Database are permitted in accordance with the provisions under this Law only.
Transfer of a Copy of the Database to the Israel Police and Restriction on the Transfer of Information from the Police§
15.
(a)The Israel Police may receive a copy of the Database, and may make use of information from the Database for one of the following purposes only:
(1)the investigation of an offence in respect of which there are grounds to assume that a foreigner is involved in its commission, and in respect of an offence that is a felony or an offence that is a misdemeanour listed in the Second Schedule – even if there are no grounds to assume that a foreigner is involved in its commission; for this purpose, "investigation of an offence" – includes investigation for the purpose of forfeiture of property connected to an offence, and for the purpose of criminal proceedings in respect of an offence; such use shall be carried out after a search has been conducted in the identification data database held by the Israel Police by virtue of the Body Search Law;
(2)the prevention or thwarting of the commission of offences as referred to in paragraph (1);
(3)verification or ascertainment of the identity of a person, including a body, whose identity is unknown or in doubt, and for the purpose of locating missing persons;
(4)the formulation of the Police's opinion regarding the entry into Israel of a foreigner.
(b)The provisions of sections 11q and 11r of the Body Search Law, as the case may be and with the necessary modifications, shall apply to the presentation of a photograph contained in the Database to a particular person or to the public dissemination of such a photograph, for a purpose listed in subsection (a)(1) to (3).
(c)The Inspector General of the Police shall authorise police officers from the criminal identification department of the Israel Police to manage the copy of the Database; the entry of data into the Database, their cancellation or amendment shall be carried out only by a person so authorised.
(d)Notwithstanding any law, the Israel Police shall not transfer information from the Database transferred to it pursuant to the provisions of this section to any other party.
(e)Notwithstanding the provisions of subsection (d), the Israel Police may transfer information as referred to in that subsection, relating to a particular person, in accordance with the following:
(1)to a public body as defined in the Body Search Law or to a court, provided that information shall not be transferred to such parties unless the information is essential to them for the purpose of carrying out their functions; the provisions of section 17(b)(1) shall apply to a party that has received information from the Database pursuant to the provisions of this paragraph;
(2)to a body listed in the Second Schedule to the Body Search Law, for one of the purposes set out in section 11p2 of that Law, in accordance with the conditions prescribed therein, after consulting with an employee of the Population and Immigration Authority or a person whom the Minister has authorised for that purpose.
(f)The provisions of section 19 shall apply to the storage and security of the information from the Database transferred to the Israel Police pursuant to the provisions of this section.
Transfer of a Copy of the Database to the Security Authorities, Receipt of Information and Access to the Database, and Restriction on the Transfer of Information from the Security Authorities§
16.
(a)The security authorities may receive a copy of the Database, and may make use of information from the Database in accordance with their purpose and functions under any law, for one of the following purposes:
(1)the thwarting and prevention of unlawful activity aimed at harming State security, the democratic order or its institutions;
(2)the security of information, persons and places, including the security of civil aviation to and from Israel;
(3)the formulation of their opinion regarding the entry into Israel of a foreigner.
(b)Without derogating from the provisions of subsection (a), the security authorities may receive information from the Database and shall be permitted access to the Database, for the purpose of fulfilling their purpose and functions under any law; the receipt of information and access to the Database pursuant to this subsection shall be in accordance with the rules referred to in section 26.
(c)Notwithstanding any law, a security authority shall not transfer information from the Database transferred to it pursuant to the provisions of this section to any other party, except for information relating to a particular person to a party determined in the rules referred to in section 26.
(d)The provisions of section 19 shall apply to the storage and security of information from the Database transferred to the security authorities pursuant to the provisions of this section.
(e)The security of information from the Database transferred to a security authority pursuant to the provisions of this section shall be in accordance with the information security procedures of the security authority appropriate to the security level of the Database; however, the head of a security authority or a person whom the head has authorised for that purpose may direct more stringent requirements for the security of the information transferred to the security authority as aforesaid.
Transfer of Information from the Database to a Public Body§
17.
(a)The Minister may prescribe by Order, with the approval of the Committee, public bodies that are entitled to receive information from the Database for the purpose of identifying or verifying a person's identity.
(b)A public body that has received information as referred to in subsection (a) –
(1)shall not use it except for the purpose for which it was provided to it, and shall not transfer it to another;
(2)shall act to secure the information in accordance with the provisions under section 19 with respect to the security of information in the Database;
(3)shall not store the information in a computerised manner beyond what is required for the purpose for which it is intended, and shall delete the information immediately upon completion of the use thereof.
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Contact Us →Chapter VI: Maintenance of Confidentiality, Information Security, Privacy Protection and Deletion
Maintenance of Confidentiality and Restriction of Use§
18.
A person who has come into possession of biometric identification means taken pursuant to this Law or biometric identification data produced therefrom shall not transmit or disclose them to another and shall not make any use thereof, except pursuant to this Law and for the purpose of performing their duty, or pursuant to a court order for the purpose of conducting judicial proceedings connected to the use of information pursuant to this Law.
Storage and Security of Biometric Identification Means and Biometric Identification Data§
19.
(a)Biometric means or data included in the Database shall be stored in accordance with the following provisions:
(1)in a manner that ensures protection against leakage of information from the Database or intrusion, unauthorised access, disruption, interference or causing damage to information, as well as against transfer, exposure, deletion, use, alteration or copying without lawful authority;
(2)in a manner that prevents their use contrary to the provisions under this Law, and that enables monitoring and supervision of the manner in which the Database is used, including use that exceeds the scope of the authorisation under section 12;
(3)in a manner that ensures protection of the privacy of the foreigners to whom the said means and data relate.
(b)Every operation carried out in the Database shall be documented in a manner that enables supervision and monitoring of the manner of its performance, the time of its performance and the person who performed the operation; such documentation shall be retained for at least seven years.
(c)Nothing in the provisions of this section shall derogate from the provisions under the Privacy Protection Law.
Deletion of Biometric Means and Data concerning a Foreigner Who Has Become a Resident§
20.
(a)The biometric means and data relating to a foreigner who has become a resident as defined in the Biometric Means Inclusion Law shall be deleted from the Database and from every copy of the Database transferred pursuant to the provisions of Chapter V; the Principal Registration Officer as its meaning in the Population Registry Law shall notify the Database administrator within seven days of the date on which the foreigner has become a resident, and the Database administrator shall delete the particulars from the Database and shall instruct any person who has received a copy of the Database pursuant to Chapter V to delete them, without delay.
(b)Notwithstanding the provisions of subsection (a), the biometric means and data relating to a foreigner who has received a temporary residence licence under section 2(a)(3) of the Entry into Israel Law (in this subsection – licence) and who is registered in the Population Registry shall be deleted from the Database upon the expiry of five years from the date on which they received the licence, unless during the said period the licence was revoked and they reverted to being a foreigner; during the said period, the biometric means and data relating to that person shall be transferred to a separate database, no use shall be made of them pursuant to this Law and they shall not be transferred to another.
(c)A person in respect of whom the provisions of subsections (a) or (b) have been fulfilled shall receive notice of the deletion of the biometric identification means taken from them or the biometric identification data produced therefrom.
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Contact Us →Chapter VII: Miscellaneous Provisions
Supervision of Biometric Applications§
21.
(a)The Biometric Applications Supervisor shall supervise biometric applications pursuant to this Law; the functions vested in the Biometric Applications Supervisor under section 30(b) of the Biometric Means Inclusion Law shall apply with respect to this Law, with the necessary modifications; for this purpose, "biometric applications" – the taking of biometric identification means, the production of biometric identification data, the storage of the biometric means and data and the uses thereof.
(b)The Biometric Applications Supervisor shall receive, periodically or upon demand, reports from the Population and Immigration Authority, the Israel Police and the security authorities for the purpose of supervising the implementation of the provisions of this Law by them.
(c)Notwithstanding the provisions of subsections (a) and (b), supervision of biometric applications with respect to section 16 and the receipt of reports from the security authorities shall be subject to a procedure to be determined by the security authorities and the Biometric Applications Supervisor and approved by the Prime Minister, if determined; the procedure under this section is classified and its disclosure or publication is prohibited.
Penalties§
22.
(a)A person who obtains from the Database, directly or indirectly, information that they are not entitled to receive pursuant to this Law, or who makes use of or performs an operation in the Database unlawfully, is liable to five years' imprisonment.
(b)A person who transmits or discloses biometric identification means taken pursuant to this Law or biometric identification data produced therefrom, or who makes use thereof, contrary to the provisions of section 18, is liable to three years' imprisonment; if they did so by negligence, they are liable to one year's imprisonment.
(c)A person who conducts a comparison between biometric identification means taken from a person or biometric identification data produced therefrom and biometric means or data in a travel document, without authority pursuant to this Law, is liable to three years' imprisonment.
Savings Provisions§
23.
(a)Nothing in the provisions of this Law shall derogate from the provisions under any law, unless expressly provided otherwise in this Law.
(b)Nothing in the provisions of this Law shall derogate from the provisions under any law, including Israel Police Orders, with respect to the possession, storage, making available for inspection or any other use of investigation material as its meaning in section 74 of the Criminal Procedure Law [Consolidated Version], 5742-1982, or of evidence submitted to a court in the framework of criminal proceedings.
Implementation and Regulations§
24.
The Minister is responsible for the implementation of this Law and may, after consulting the Biometric Applications Supervisor, make Regulations for its implementation, including with respect to the following matters:
(1)the manner of taking biometric identification means from foreigners pursuant to this Law, including taking from minors, elderly persons and persons with disabilities;
(2)modes of operation in cases where it is not possible to take biometric identification means from a foreigner pursuant to this Law, for health or other reasons;
(3)the office holders authorised to transfer information from the Database;
(4)the manners of deleting biometric identification means and biometric identification data from the Database and from every copy thereof pursuant to the provisions of section 20.
Amendment of the Schedules§
25.
(a)The Minister, with the approval of the Committee, may amend the First Schedule by Order.
(b)The Minister for National Security, after consulting the Minister and the Minister of Justice, may amend the Second Schedule by Order.
Rules concerning the Security Authorities§
26.
(a)The Prime Minister may, after consulting the Biometric Applications Supervisor and with the approval of the Biometric Applications Committee, prescribe rules with respect to section 16(b) and (c) (in this Law – the Rules).
(b)The Rules are classified and their disclosure or publication is prohibited.
(c)The Rules do not require publication in Reshumot (Official Gazette) or any other public publication.
(d)The manner of storing rules that have not been published pursuant to the provisions of subsection (a), including the determination of their classification and distribution, shall be prescribed in the Rules.
Amendment of the Criminal Procedure (Enforcement Powers – Body Search and Taking of Identification Means) Law – No. 9§
27.
In the Criminal Procedure (Enforcement Powers – Body Search and Taking of Identification Means) Law, 5756-1996, in section 11n, after subsection (a1) the following shall come:
"(a2) The Israel Police may conduct a comparison between identification data taken from foreigners pursuant to the Law for the Taking of Biometric Identification Means from Foreigners, the Production of Biometric Identification Data and a Database, 5784-2024, and transferred to it pursuant to section 15 of that Law, and identification data of suspects, accused persons, convicted persons or prisoners included in the database pursuant to this Law, for the purpose of identifying or verifying a person's identity.".
Commencement§
28.
This Law shall commence six months from the date of its publication or on the date of entry into force of Regulations under section 24(a)(1) to (4), whichever is earlier.
Transitional Provision§
29.
Biometric identification means taken from a foreigner before the commencement of this Law, and biometric identification data produced therefrom, shall be transferred to the Database and retained therein, and the provisions of this Law shall apply to them.
Report to the Knesset§
30.
(a)The Minister shall report to the Committee, once a year, no later than 30 April, on all of the following, with respect to the Population and Immigration Authority, for the year preceding the date of the report:
(1)the number of foreigners, by type, whose data are included in the Database, and the number of foreigners by type whose data were added to the Database during the reporting period;
(2)the training and instruction activities carried out for employees authorised to take biometric identification means and to produce biometric identification data therefrom;
(3)the number of cases in which force was used for the purpose of taking identification means;
(4)the number of cases in which the result of the comparison between biometric means or data of a person and biometric means or data included in the Database was found to be erroneous, and the consequences thereof;
(5)cases in which there occurred a leakage of information from the Database or intrusion, disruption, interference or causing damage to information, transfer, exposure, deletion, use, alteration or copying without lawful authority, and the measures taken following such cases for the purpose of rectification and prevention of recurrence.
(b)The Minister for National Security shall report to the Committee, once a year, no later than 30 April, with respect to the Israel Police, on the matters set out in paragraphs (2) to (5) of subsection (a).
(c)The head of a security authority shall report to the Biometric Applications Committee, once a year, no later than 30 April, with respect to the security authority headed by them, on the matters set out in paragraphs (2) to (5) of subsection (a).
(d)The Biometric Applications Supervisor shall report to the Committee, once a year, no later than 30 April, on their activities pursuant to this Law, including monitoring and supervision activities regarding the operation of the Database and deficiencies and exceptional incidents discovered in the operation of the Database.
(e)A person upon whom an obligation to submit a report as referred to in this section is imposed may determine that the report, in whole or in part, shall be classified, for reasons of state security, public order or public safety, and if they have so determined, the report or the classified parts thereof shall be deliberated in a sub-committee of the Committee whose deliberations are classified or in the Biometric Applications Committee, as the case may be; however, with respect to the submission of a report by the Biometric Applications Supervisor as referred to in subsection (d), the following provisions shall apply:
(1)a classified report relating to the security authorities shall be deliberated in the Biometric Applications Committee;
(2)the Supervisor may determine that a report relating to a security authority or to the Israel Police shall not be classified, with the consent of the security authority or the Israel Police, as the case may be.
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