Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.
Law
Protection of Privacy Law, 5741-1981
חוק הגנת הפרטיות
Section E: Supervision and Administrative Inquiry in Bodies Pursuant to
Section E: Supervision and Administrative Review in Listed Bodies
Supervision and Administrative Review in Listed Bodies
23ji.
The manner of exercising the powers under Sections B and C with respect to the bodies listed in the Fifth Schedule to the Law for the Regulation of Security in Public Bodies shall be determined by a procedure to be formulated by agreement between the National Cyber Directorate, as defined in that Law (in this Law – the National Cyber Directorate), and the Authority, taking into account the sensitivity of the information and the computerized systems used by those bodies.
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Contact Us →Chapter IV2: Supervision and Administrative Inquiry in Security Bodies
Application to Security Bodies
23k.
[Amendment: 5784]
(a)In this Chapter –
"Security Body" – any of the following:
(1)the Israel Police;
(2)the Israel Defense Forces;
(3)the Israel Security Agency;
(4)the Institute for Intelligence and Special Operations;
(5)the National Cyber Directorate;
(6)the Witness Protection Authority;
(7)the Israel Prison Service;
(8)the Ministry of Defense and its subordinate units and the person responsible for security in the defense establishment;
(9)units and subordinate units of the Prime Minister's Office whose principal activity is in the field of State security;
(10)enterprises included in an order issued by the Minister of Defense pursuant to item (3) of the First Schedule to the Law for the Regulation of Security in Public Bodies, and which the Minister of Defense has notified to the Minister of Justice;
(11)any other body designated by the Minister of Defense, by order, with the consent of the Minister of Justice and with the approval of a joint committee of the Constitution Committee and the Foreign Affairs and Defense Committee of the Knesset;
"Head of a Security Body", with respect to the Israel Defense Forces – the Chief of the General Staff or an officer holding the rank of Major General authorized by the Chief of the General Staff for this purpose.
(b)
(1)The provisions of Sections B and C of Chapter IV1 shall not apply to Security Bodies; however, supervision and administrative inquiry in Security Bodies shall be carried out in accordance with the provisions of this Chapter.
(2)Notwithstanding the provisions of paragraph (1), the provisions of Sections B and C of Chapter IV1 shall apply to the Israel Police, provided that they shall not apply to databases classified at the level of "Secret" or above.
(c)The Minister of Defense, with the consent of the Minister of Justice, may omit from the publication in the Official Gazette of an order referred to in paragraph (11) of the definition of "Security Body" in subsection (a), the name of the body in respect of which the said order was issued, on grounds of preserving State security; however, the full text of the order, including the name of the said body, shall be deposited with the Minister of Justice.
Appointment of Privacy Supervisor in a Security Body
23ka.
[Amendment: 5784]
(a)The Head of a Security Body, in consultation with the Head of the Authority, shall appoint a person to the position of Privacy Supervisor in the Security Body (in this Chapter – the Internal Supervisor), in accordance with eligibility and training conditions to be prescribed by the Head of the Authority, in consultation with the Head of the Security Body.
(b)The Internal Supervisor shall be appointed for one term of office, and the Head of the Security Body may reappoint him for additional terms of office, in consultation with the Head of the Authority; a term of office of the Internal Supervisor shall be no less than three years.
(c)The tenure of the Internal Supervisor shall not be terminated and he shall not be removed from his position except in consultation with the Head of the Authority.
(d)The Internal Supervisor shall be an employee of the Security Body directly subordinate to the Head of the Security Body, or to a senior employee of the Security Body who is directly subordinate to the Head of the Security Body, and he shall receive professional guidance from the Head of the Authority.
(e)The Internal Supervisor shall not hold an additional position and shall not engage in any additional occupation that may place him in a situation of potential conflict of interest in the performance of his duties under this Chapter.
(f)The Security Body shall place at the disposal of the Internal Supervisor such adequate resources as are necessary for the performance of his duties under this Chapter.
Duties of the Internal Supervisor
23kb.
[Amendment: 5784]
The Internal Supervisor shall supervise the implementation of the provisions of this Law in the Security Body and shall exercise control over their execution, and shall, inter alia –
(1)prepare an annual work plan, to be brought for approval by the Head of the Security Body and the Head of the Authority, for the supervision of compliance with the provisions of this Law and for the examination of violations of provisions that the Head of the Authority is empowered to order the cessation of pursuant to Section 23כה, and violations of provisions under this Law listed in Section 23כו (in this Section – the work plan);
(2)examine the procedures and policies of the Security Body in the field of privacy protection and their compliance with the provisions of law, and the policies of the Security Body in the field of privacy protection and their compliance with the provisions of this Law;
(3)examine the occurrence of violations of provisions that the Head of the Authority is empowered to order the cessation of pursuant to Section 23כה, and violations of provisions under this Law listed in Section 23כו, in accordance with the directives of the Head of the Authority;
(4)report to the Head of the Authority without delay, subject to the security clearance provisions, as defined in Section 15 of the Israel Security Agency Law, 5762–2002, and the compartmentalization requirements applicable to the Security Body, on the findings of the supervisory and examination activities carried out;
(5)exercise control over the manner of rectification of deficiencies discovered in the findings of the supervision and examination;
(6)conduct training and instruction of Security Body employees in matters of privacy;
(7)submit to the Head of the Security Body and to the Head of the Authority an annual report on the manner of implementation of the work plan and on compliance with the provisions of law in the field of privacy in the Security Body.
Powers of the Internal Supervisor
23kc.
[Amendment: 5784]
For the purpose of performing his duties, the Internal Supervisor shall have the powers vested in a supervisor pursuant to Section B of Chapter IV1, and the obligation to delete sample data as referred to in Section 23י(c) shall also apply to him, with the necessary modifications.
Powers of the Head of the Authority Regarding Security Bodies
23kd.
[Amendment: 5784]
(a)The Head of the Authority may instruct the Internal Supervisor to carry out actions, including supplementary actions or additional actions beyond those already carried out by the Internal Supervisor, or to act to rectify deficiencies.
(b)The Head of the Authority may exercise the powers vested in him pursuant to Chapter IV3 if he has found that a provision that the Head of the Authority is empowered to order the cessation of pursuant to Section 23כה has been violated, or that a provision listed in Section 23כו has been violated, on the basis of a report from the Internal Supervisor, or if he has found that there is a concern that a provision listed as aforesaid has been violated and has instructed the Internal Supervisor to ascertain whether a violation was committed, and the Internal Supervisor has not ascertained the violation within a reasonable time to be determined by the Head of the Authority after consulting with the Internal Supervisor, and the conditions of Section 23כז have been fulfilled.
(c)If the Head of the Authority is of the opinion that the findings referred to in subsection (a) or (b) give rise to a suspicion that an offense under this Law has been committed, or if he has otherwise become aware of the commission of such an offense, the enforcement powers under Section 23נא shall be vested in an investigator, unless there is another investigating authority empowered by law to investigate offenses in that Security Body; for the purposes of this Section, "another investigating authority" – excluding the Israel Police.
(d)Neither an investigator nor the Head of the Authority shall exercise their powers under this Chapter with respect to a Security Body, unless they have undergone security clearance as defined in Section 15 of the Israel Security Agency Law, 5762–2002.
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Contact Us →Chapter IV3: Administrative Enforcement Measures and Judicial Order
Section A: Authority of the Head of the Authority to Order Cessation of a Violation
Authority to Order Cessation of a Violation
23ke.
[Amendment: 5784]
(a)If the Head of the Authority finds that a controller of a database or a holder of a database has used information concerning a person's private affairs contained in a database for a purpose other than that for which it was provided, in contravention of the provisions of Section 2(9), or has processed personal data in a database for a purpose that constitutes a privacy violation under Section 2, the Head of the Authority may, after having given such person an opportunity to present their arguments, notify them that their actions constitute a violation and order them to cease it in the manner and within the period that the Head of the Authority shall prescribe.
(b)If the Head of the Authority finds that a controller of a database or a holder of a database has processed personal data in a database that was created, received, accumulated, or collected in contravention of the provisions of this Law or in contravention of the provisions of any other law regulating the processing of data, or has permitted another to process personal data on their behalf as aforesaid, in contravention of Section 8(d), the Head of the Authority may, after having given such person an opportunity to present their arguments, notify them that their actions constitute a violation and order them to cease it in the manner and within the period that the Head of the Authority shall prescribe.
(c)If the Head of the Authority finds that a controller of a database or a holder of a database has processed data in contravention of the provisions of the Regulations listed in Part B of the Fourth Schedule, the Head of the Authority may, after having given such person an opportunity to present their arguments, notify them that their actions constitute a violation and order them to cease it in the manner and within the period that the Head of the Authority shall prescribe.
(d)If the Head of the Authority finds that the matters set out in paragraphs (1) through (4) below have occurred, the Head of the Authority may, after having given the controller of a database or the holder of a database who is required to appoint a privacy protection officer pursuant to Section 17b1(a) an opportunity to present their arguments, notify them that their actions constitute a violation and order them to cease the violation and prescribe the manner in which they are required to remedy it; if the Minister of Justice has prescribed, with the approval of the Constitution Committee, an Order pursuant to Section 23כו(d)(1)(g), the Head of the Authority may issue such an order also with respect to paragraph (5) below:
(1)the privacy protection officer was not provided with the conditions and resources necessary for the proper performance of their duties, or was not properly involved in every matter relating to privacy protection laws, in contravention of Section 17b2(b);
(2)the privacy protection officer does not report directly to the office-holders listed in Section 17b2(c);
(3)the privacy protection officer does not possess the knowledge and qualifications required pursuant to Section 17b3(a);
(4)the privacy protection officer holds an additional position or is subordinate to an office-holder within the body in which they perform their duties or within another body, in a manner that may give rise to a concern of a conflict of interest in the performance of their duties under this Law, in contravention of Section 17b3(c);
(5)the controller of a database or the holder of a database failed to appoint a privacy protection officer, in contravention of Section 17b1(a)(3) or (4).
(e)In an order to cease a violation issued pursuant to sub-sections (a) through (d), the Head of the Authority shall specify the following:
(1)the particulars of the act or omission (in this Chapter – the act) constituting the violation, the circumstances of its commission and the date of its commission, the requirement to remedy the violation and the deadline for its remedy;
(2)the possibility that a financial penalty may be imposed on the violator if they fail to cease the violation;
(3)the violator's right to file an Appeal within 45 days pursuant to sub-section (f).
(f)
(1)An order issued by the Head of the Authority to cease a violation may be appealed to the Magistrate's Court before which the President of the Magistrate's Court sits, within 45 days from the date on which the notice to cease the violation was served as aforesaid.
(2)The court hearing the Appeal may affirm the decision of the Head of the Authority, vary it, set it aside, or issue a different decision in its place, and may remit the matter with directions to the Head of the Authority.
(3)Where an Appeal has been filed as aforesaid, a breach of the Head of the Authority's order pursuant to this Section shall not be regarded as a violation until the court issues a different order.
(g)The Head of the Authority may delegate their powers under sub-sections (a) through (c) to a senior employee directly subordinate to them; a notice of such delegation shall be published in the Official Gazette.
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Contact Us →Section B: Imposition of a Financial Penalty
Financial Penalty
23kf.
[Amendment: 5784]
(a)Where a controller of a database or a holder of a database has violated a provision of the provisions under this Law, as detailed below, the Head of the Authority may impose upon them a financial penalty in the amount of 150,000 new shekels, and if the database contained personal information concerning 1,000,000 persons or more, the Head of the Authority may impose upon them double that amount:
(1)They committed one of the following:
(a)processed personal information in a database required to be registered without it having been registered, contrary to the provisions of Section 8a(a);
(b)included incorrect particulars in an application for registration of a database submitted pursuant to Section 9, contrary to the provisions of that section;
(c)failed to notify the Head of the Authority of a change in the particulars enumerated in Section 9(b) or in particulars prescribed pursuant to Section 9(c), contrary to the provisions of Section 9(d), except for a change in the address of the controller of the database;
(2)failed to provide the Head of the Authority with a notification concerning a database required to give notification pursuant to Section 8a(b), or failed to notify the Head of the Authority of a change in any of the particulars detailed in that section, contrary to the provisions of that section;
(3)processed personal information in a database used for direct mailing services without the database having been registered in the register, or without one of its registered purposes being direct mailing services, contrary to the provisions of Section 17d;
(4)failed to notify the Head of the Authority that they regularly receive personal information in accordance with the provisions of Section 23c and that the information is stored in a database, contrary to the provisions of Section 23d(c).
(b)Where a controller of a database or a holder of a database has violated a provision of the provisions under this Law, as detailed below, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter, in the amount of 15,000 new shekels:
(1)refused to allow a person whose personal information is held in the database to inspect the personal information pertaining to them, contrary to the provisions under Section 13;
(2)made a change to the personal information in their possession without notifying every person who received that information, contrary to the provisions under Section 14(b);
(3)failed to notify the applicant of a refusal to correct personal information contained in a database owned by them or to delete it, contrary to the provisions under Section 14(c);
(4)failed to correct personal information contained in a database held by them, contrary to the provisions of Section 14(d);
(5)failed to comply with a person's demand pursuant to Section 17f(b) that personal information referring to them be deleted from a database used for direct mailing, contrary to the provisions of Section 17f(d);
(6)failed to comply with a person's demand pursuant to Section 17f(c) that personal information referring to them not be transferred to a person, a category of persons, or specific persons, contrary to the provisions of Section 17f(d).
(c)
(1)Where a controller of a database or a holder of a database has violated a provision of the provisions under this Law, as detailed below, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter, in an amount equal to the product of 50 new shekels multiplied by the number of persons to whom the approach or demand was made, as detailed below, and if the approach or demand concerned information of special sensitivity — in an amount equal to the product of 100 new shekels multiplied by the number of such persons:
(a)approached a person to obtain personal information for the purpose of processing it in a database, without providing them with the notice required under Section 11;
(b)approached a person by way of direct mailing, contrary to the provisions of Section 17f(a);
(c)a controller of a database who failed to specify, upon a demand for personal information, that they regularly transfer information in accordance with Section 23c, contrary to the provisions of Section 23d(a).
(2)If the amount of the financial penalty pursuant to paragraph (1) is less than 30,000 new shekels, the Head of the Authority may impose upon a controller of a database or a holder of a database a financial penalty in the amount of 30,000 new shekels.
(d)
(1)Where a controller of a database or a holder of a database has violated a provision of the provisions under this Law, as detailed below, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter in the amount of 2 new shekels for each person whose personal information is contained in the database, and if the personal information in the database was information of special sensitivity — in the amount of 4 new shekels for each such person:
(a)approached a person to obtain personal information for the purpose of processing it in a database, where the approach was made to an unspecified group of persons, without providing them with the notice required under Section 11, contrary to the provisions of that section;
(b)failed to appoint an information security officer, contrary to the provisions of Section 17b(a);
(c)failed to appoint a privacy protection officer, contrary to the provisions of Section 17b1(a)(1) or (2);
(d)processed personal information in a database used for direct mailing services without maintaining a record specifying the source from which each data collection used for the purposes of the database was received and the date of receipt thereof, as well as a record specifying to whom each such data collection was transferred, contrary to the provisions of Section 17e;
(e)a controller of a database who failed to maintain a record of the personal information transferred in accordance with Section 23c, contrary to the provisions of Section 23d(b);
(f)with respect to a controller of a database listed in Section 17b1(a)(1) or (2) — failed to comply with the instructions of the Head of the Authority to cease or remedy a violation, contrary to the provisions of Section 23ke(d);
(g)the Minister of Justice, with the approval of the Constitution Committee, may prescribe by Order that the provisions of sub-paragraph (f) shall also apply with respect to a controller of a database or a holder listed in Section 17b1(a)(3) and (4).
(2)In a financial penalty pursuant to sub-paragraphs (d) and (e), the amount of the financial penalty shall be calculated according to the number of persons for whom there is no record as referred to in those sub-paragraphs.
(3)If the amount of the financial penalty pursuant to paragraph (1) is less than 20,000 new shekels, and if the personal information in the database was information of special sensitivity — less than 40,000 new shekels, the Head of the Authority may impose upon a controller of a database or a holder of a database a financial penalty in the amount of 20,000 new shekels or 40,000 new shekels, as the case may be.
(e)
(1)Where a controller of a database or a holder of a database has violated a provision of the provisions under this Law, as detailed below, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter in the amount of 4 new shekels for each person whose personal information is contained in the database, and if the personal information in the database was information of special sensitivity — in the amount of 8 new shekels for each such person:
(a)failed to comply with the instructions of the Head of the Authority pursuant to Section 23ke(a) to cease using information about a person's private affairs in a database for a purpose other than that for which it was provided, contrary to the provisions of Section 2(9), or to cease processing personal information in a database for a purpose that constitutes a privacy violation pursuant to Section 2;
(b)processed personal information in a database for an unlawful purpose, contrary to the provisions of Section 8(b), unless the processing was conducted solely in violation of the provisions of Section 2;
(c)failed to comply with the instructions of the Head of the Authority pursuant to Section 23ke(b) to cease processing personal information in a database that was created, received, accumulated or collected in violation of the provisions of this Law or in violation of the provisions of any other law regulating the processing of information, or to cease permitting another to process such personal information on their behalf;
(d)processed personal information without the authorization of the controller of the database, or in excess of such authorization, contrary to the provisions of Section 8(c);
(e)a controller of a database who transferred information received from a public body, contrary to the provisions of Section 23b, without the conditions of Section 23c having been fulfilled.
(2)If the amount of the financial penalty as referred to in paragraph (1) is less than 200,000 new shekels, the Head of the Authority may impose upon a controller of a database or a holder of a database a financial penalty in the amount of 200,000 new shekels.
(f)Where a controller of a database or a holder of a database processed personal information in a database otherwise than in accordance with the purpose assigned to it, contrary to the provisions of Section 8(b), in circumstances where it would have been possible to lawfully prescribe such a purpose, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter in the amount prescribed in item (1) of the Third Schedule.
(g)Where a controller of a database or a holder of a database failed to provide a document or a copy of computer material to an inspector, contrary to the provisions of Section 23j(a)(2) or (3), the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter in the amount of 300,000 new shekels.
(h)Where a controller of a database or a holder of a database has violated a provision of the Regulations prescribed pursuant to Section 36, as detailed in Column A of the Third Schedule, applicable to them, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter in the amount prescribed in relation thereto in Column B, Column C, Column D or Column E alongside that provision, as the case may be, and if the database is one to which the high security level in that Schedule applies and it contains information concerning 1,000,000 persons or more, the Head of the Authority may impose upon them double the amount prescribed in Column E alongside that provision.
(i)
(1)Where a controller of a database or a holder of a database has violated a provision of the Regulations prescribed pursuant to Section 36, in the Fourth Schedule, as detailed in Column A of Part A of that Schedule, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter in the amount prescribed in Column B alongside that provision.
(2)Where a controller of a database or a holder of a database has failed to comply with the instructions of the Head of the Authority pursuant to Section 23ke(c) to cease a violation of the provisions of the Regulations as referred to in Part B of the Fourth Schedule, the Head of the Authority may impose upon them a financial penalty pursuant to the provisions of this Chapter, in the amount prescribed in Column B alongside that provision in that Schedule.
(j)
(1)Where a payment demand has been served upon a holder of a database in respect of a violation of a provision as referred to in subsection (h), the Head of the Authority shall notify the controller of the database accordingly, together with a copy of the payment demand served upon the holder, and shall instruct the controller to act to bring about the cessation of the violation by the holder, all within a period as the Head of the Authority shall direct.
(2)If the violation referred to in paragraph (1) has not ceased and the controller of the database has not carried out what the Head of the Authority required of them for the purpose of ceasing the violation, the Head of the Authority may serve upon them a notice of intent to charge as referred to in Section 23kz in respect of that violation, and the provisions under this Section shall apply to the controller of the database with respect to that violation, with the necessary modifications, as if they were the violator; the amount of the financial penalty to be imposed upon the controller of the database in respect of such a violation shall be the amount that could be imposed upon the holder in respect of that same violation.
Notice of Intent to Charge
23kg.
[Amendment: 5784]
(a)Where the Head of the Authority has reasonable grounds to believe that a person has violated a provision of the provisions under this Law, as referred to in Section 23kv (in this Chapter — the violator), and intends to impose upon them a financial penalty pursuant to that section, the Head of the Authority shall serve upon the violator a written notice of the intention to impose a financial penalty upon them (in this Law — a notice of intent to charge).
(b)In the notice of intent to charge, the Head of the Authority shall specify, inter alia, the following:
(1)particulars of the act constituting the violation, the circumstances of its commission and the date of its commission;
(2)the amount of the financial penalty and the period for its payment;
(3)the right of the violator to present their arguments before the Head of the Authority pursuant to the provisions of Section 23kh, and that the notice of intent to charge shall be deemed a payment demand if the violator does not exercise that right, as referred to in Section 23kt(d);
(4)the authority to add to the amount of the financial penalty in respect of a continuing violation or a repeated violation pursuant to the provisions of Section 23l, and the rate of the addition.
Right to Be Heard
23kh.
[Amendment: 5784]
A violator upon whom a notice of intent to charge has been served pursuant to the provisions of Section 23kz may present their arguments before the Head of the Authority, in writing or orally, as decided by the Head of the Authority, regarding the intention to impose a financial penalty upon them and regarding its amount, within 45 days of the date of service of the notice; the Head of the Authority may extend that period for special reasons that shall be recorded.
Decision of the Head of the Authority and Payment Demand
23ki.
[Amendment: 5784]
(a)The Head of the Authority shall decide, after having considered the arguments presented pursuant to Section 23kh, whether to impose a financial penalty upon the violator, and may reduce the amount of the financial penalty pursuant to the provisions of Section 23la.
(b)Where the Head of the Authority has decided pursuant to subsection (a) —
(1)to impose a financial penalty upon the violator — the Head of the Authority shall serve upon them a written demand to pay the financial penalty (in this Chapter — a payment demand), in which the Head of the Authority shall specify, inter alia, the updated amount of the financial penalty, the period for its payment, and the right of the violator to file an Appeal within 45 days pursuant to Section 23me;
(2)not to impose a financial penalty upon the violator — the Head of the Authority shall serve upon them written notice accordingly.
(c)In the payment demand or in the notice, pursuant to subsection (b), the Head of the Authority shall set out the reasons for their decision.
(d)If the violator has not presented their arguments pursuant to the provisions of Section 23kh within the period referred to in that section, the notice of intent to charge shall, upon the expiry of that period, be deemed a payment demand served upon the violator on that date.
Continuing Violation and Repeated Violation
23l.
[Amendment: 5784]
(a)
(1)In the case of a continuing violation, one-hundredth of the financial penalty prescribed for that violation shall be added thereto for each day on which the violation continues; for this purpose, a "continuing violation" means a violation of a provision of the provisions under this Law, as referred to in Section 23kv, committed after a payment demand has been served upon the violator in respect of a violation of that same provision.
(2)Where an Appeal has been filed against the payment demand decision, the period until the court's determination in the matter shall not be counted among the days for the purposes of paragraph (1), unless the court has determined otherwise.
(b)In the case of a repeated violation, an amount equal to the financial penalty prescribed for that violation shall be added thereto; for this purpose, a "repeated violation" means a violation of a provision of the provisions under this Law, as referred to in Section 23kv, committed after the due date for payment of the financial penalty, within two years of a prior violation of that same provision for which a financial penalty was imposed upon the violator or for which the violator was convicted.
Reduced Amounts
23la.
[Amendment: 5784]
The Head of the Authority may not impose a financial penalty in an amount lower than the amounts prescribed under this Section, except in the cases, circumstances and in accordance with the considerations detailed in the Fifth Schedule and at the rates prescribed therein.
Updated Amount of the Financial Penalty
23lb.
[Amendment: 5784]
(a)The financial penalty shall be calculated according to its updated amount on the date of service of the payment demand, and with respect to a violator who has not presented their arguments before the Head of the Authority as referred to in Section 23kt(d) — on the date of service of the notice of intent to charge; where an Appeal has been filed with a court and payment of the financial penalty has been stayed by the Head of the Authority or by the court — the financial penalty shall be calculated according to its updated amount on the date of the decision in the Appeal, as the case may be.
(b)The amounts prescribed in Section 23kv and the amounts prescribed in the Third Schedule, the Fourth Schedule and the Fifth Schedule shall be updated on 1 January of each year (in this subsection — the update date), in accordance with the rate of change of the index known on the update date compared to the index known on 1 January of the preceding year; the said amount shall be rounded to the nearest amount that is a multiple of 10 new shekels; the first update pursuant to this subsection shall be in the year 2026; for this purpose, "index" means the Consumer Price Index published by the Central Bureau of Statistics.
(c)The Head of the Authority shall publish in the Official Gazette and on the Authority's website a notice of the updated amounts of the financial penalties pursuant to subsection (b).
Due Date for Payment of the Financial Penalty
23lc.
[Amendment: 5784]
The violator shall pay the financial penalty within 45 days of the date of service of the payment demand as referred to in Section 23kt.
Shekel Interest and Late Payment Fees
23ld.
[Amendment: 5784]
If the financial penalty is not paid on time, shekel interest and late payment fees shall be added thereto for the period of default, until its payment, and the provisions of the Interest and Linkage Law, 5721–1961, shall apply, with the necessary modifications.
Collection
23le.
[Amendment: 5784]
A financial penalty shall be collected for the State Treasury, and the Collection of Fines, Fees and Expenses Law, 5755–1995, shall apply to its collection.
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