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 F: Judicial Cease Order

Judicial Order to Cease Data Processing Operations or Order to Delete Personal Data

23mi.

[Amendment: 5784]

(a)Where the Head of the Authority has reasonable grounds to believe that a breach of the provisions under Section 2(9), 8(b), (c) or (d), 17 or 23b is being committed or is about to be committed in a database, the Head of the Authority may apply to an Administrative Affairs Court (in this Section – the Court) to issue an order to the controller of the database or to the holder of the database, for the cessation of data processing operations that are causing the breach or that there is concern may cause the breach (in this Section – a cease order), and the Court may further direct, for that purpose, the deletion of the personal data in the database in its entirety (in this Section – a deletion order).

(b)The Court may issue an order under subsection (a), as requested or with modifications, if it is satisfied that all of the following conditions have been met:

(1)there are reasonable grounds to believe that a breach as referred to in that subsection is being committed or is about to be committed in a database;

(2)there is no other measure of lesser impact for preventing the commission of the breach;

(3)the harm that may be caused as a result of the breach exceeds the harm that may be caused by the issuance of the order pertaining thereto, including the harm to freedom of expression that may be caused by the issuance of the order;

(4)the severity of the breach justifies the issuance of the order.

(c)

(1)An order under this Section shall be issued after the controller of the database has been given an opportunity to present their arguments before the Court, and if the order is directed against a holder – also to the holder, to the extent possible and in the manner appropriate to the circumstances of the matter.

(2)A cease order issued without the presence of a party as referred to in paragraph (1) shall be issued for a period not exceeding 48 hours; during such a period, a deletion order shall not be issued.

(3)The Court may extend the validity of the order after the controller of the database or the holder of the database, as the case may be, has been given an opportunity to present their arguments.

(d)The Court may reconsider an order under this Section if it finds that doing so is justified due to changed circumstances or new facts that came to light after the order was issued.

(e)The provisions of the Administrative Affairs Courts Law, 5760–2000, shall apply to proceedings under this Section, with the necessary modifications; the Minister of Justice, with the approval of the Constitution Committee, may prescribe provisions regarding rules of procedure in proceedings under this Section; until such provisions are prescribed, the provisions of the Citizenship Regulations (Rules of Procedure in an Application for Revocation of Citizenship), 5777–2017, shall apply, with the necessary modifications.

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Chapter IV4: Enforcement Powers and Penalties

Section A: Enforcement Powers

Authorization of Investigators

23n.

[Amendment: 5784]

(a)The Head of the Authority may authorize an investigator from among State employees, upon whom all or some of the powers under this Law shall be vested (hereinafter – investigator), provided that all of the following conditions are met:

(1)The Israel Police has notified, within three months of the Head of the Authority's approach to it, that it does not object to the authorization on grounds of public safety, including on account of the candidate's criminal record;

(2)The candidate has received appropriate training in the area of the powers to be vested in them under this Law, and has met any additional eligibility conditions that may have been prescribed, as directed by the Minister of Justice with the consent of the Minister for National Security, and with respect to the exercise of powers to penetrate computer material or copy it as referred to in Section 23נא(a)(3) – the candidate holds a position in which they are proficient in carrying out such operations;

(3)The candidate has received appropriate training in the field of privacy protection, as directed by the Minister of Justice.

(b)The authorization of an investigator under this Section shall be by means of a certificate signed by the Head of the Authority, attesting to the candidate's role as an investigator and to their powers under this Law (hereinafter – investigator's certificate).

(c)Notice of an authorization under subsection (b) shall be published in the Official Gazette and on the website of the Privacy Protection Authority.

Enforcement Powers

23na.

[Amendment: 5784]

(a)Where an investigator has reasonable grounds to suspect that an offence under Section 5 has been committed, in the circumstances enumerated in Section 2(9), and the suspicion is that the offence was committed in relation to information concerning a person's private affairs held in a database, or where an investigator has reasonable grounds to suspect that an offence under Chapter II or under this Chapter has been committed, the investigator may –

(1)Investigate any person connected to the said offence or who may have knowledge relevant to the said offence; the provisions of Sections 2 and 3 of the Criminal Procedure Ordinance (Testimony) and the provisions of the Criminal Procedure Law (Interrogation of Suspects), 5762–2002, shall apply to an investigation under this paragraph, with the necessary modifications;

(2)Seize any object in respect of which the investigator has reasonable grounds to believe it is an object connected to the said offence;

(3)Apply to a court for a search and seizure warrant or a warrant to penetrate computer material pursuant to Sections 23 to 24 of the Criminal Procedure Ordinance (Arrest and Search), and execute such a warrant.

(b)The provisions of Sections 23a, 24(a)(1) and (b), 26 to 28, 31 to 42, and 45 of the Criminal Procedure Ordinance (Arrest and Search) shall apply to the conduct of a search, the seizure of an object, and the penetration of computer material or copying thereof under this Section, with the necessary modifications, and with the following modifications: the powers vested in a police officer shall be vested in an investigator, and the powers vested in an officer shall be vested in the Head of the Authority or in an investigator whom the Head of the Authority has authorized for that purpose; notice of an authorization under this subsection shall be published in the Official Gazette and on the website of the Authority.

(c)

(1)Where an investigator has reasonable grounds to suspect that a person has committed an offence as referred to in subsection (a), the investigator may detain that person in order to ascertain their identity and address or to interrogate them at the place where they are found; where identification is insufficient or where it is not possible to interrogate that person at the place where they are found, the investigator may require that person to accompany them to the offices of the Authority or may summon that person to the offices of the Authority at another time to be determined; a person who has been summoned to the offices of the Authority shall appear at the time to which they were summoned.

(2)The provisions of Sections 66, 67, and 72 to 74 of the Arrests Law shall apply to a detention under paragraph (1), with the necessary modifications, and with the following modifications: the powers vested in a police officer shall be vested in an investigator, and the powers vested in a supervising officer shall be vested in the Head of the Authority or in an investigator whom the Head of the Authority has authorized for that purpose, and the offices of the Authority declared as such by the Head of the Authority by notice in the Official Gazette shall be regarded as a police station for the purposes of the provisions of the Arrests Law.

Investigator Identification

23nb.

[Amendment: 5784]

(a)An investigator shall not exercise the powers vested in them under this Section except while performing their duties and when both of the following conditions are satisfied:

(1)The provisions applicable to the identification of an inspector under Section 23יא are fulfilled with respect to them, with the necessary modifications;

(2)The investigator is wearing investigator's uniform, in the color and form directed by the Head of the Authority for this purpose, provided that such uniform does not appear to be police uniform.

(b)The provisions of Section 23יב(b) and (c) shall apply, with the necessary modifications, with respect to the obligations referred to in subsection (a).

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Section B: Offenses

Obstruction of the Authority Head, Investigator, or Inspector in the Performance of Duties

23nc.

[Amendment: 2024]

One who obstructs the Head of the Authority, an investigator, or an inspector in the performance of their duties under this Law, is liable to six months' imprisonment.

Misleading the Authority Head, Inspector, or External Expert

23nd.

[Amendment: 2024]

One who does any of the following with intent to mislead the Head of the Authority, an inspector, or an external expert, is liable to two years' imprisonment:

(1)includes incorrect particulars in an application for the registration of a database submitted pursuant to Section 9, or in a notice of change in the particulars listed in Section 9(b), or in a notice pursuant to Section 8a(b);

(2)provides incorrect particulars in response to a demand by an inspector under Section 23j(a)(1) through (3), or by an external expert under Section 23r(f).

Processing Personal Information from a Database without Authorization

23ne.

[Amendment: 2024]

One who processes personal information from a database without authorization from the controller of the database, in contravention of the provisions of Section 8(c), is liable to three years' imprisonment.

Providing Incorrect Particulars in a Request to Obtain Information

23nf.

[Amendment: 2024]

One who approaches a person to obtain personal information for the purpose of processing that information in a database and provides that person with incorrect particulars, in contravention of the provisions of Section 11, with intent to mislead that person with respect to the disclosure of the personal information, is liable to three years' imprisonment.

Unlawful Disclosure of Information from a Public Body

23ng.

[Amendment: 2024]

A public body as defined in Section 23 that is a corporation, an employee of such a public body, or a person acting on behalf of such a public body, who discloses personal information the transfer of which is prohibited under the provisions of Section 23b, with the purpose of enabling an entity that is not authorized to receive the information to process it, is liable to three years' imprisonment.

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Chapter IV5: Provisions Regarding Elections

Definitions

23nh.

In this Chapter –

"General Elections to Local Authorities" – the general elections as defined in Section 4 of the Local Authorities (Elections) Law;

"Elections to a Local Authority" – elections as defined in the Local Authorities (Elections) Law or in the Regional Councils (Date of General Elections) Law, 5754–1994, excluding elections to the local committee of a settlement within a regional council;

"Central Elections Committee" – as defined in the Elections to the Knesset Law [Consolidated Version], 5729–1969;

"Elections (Methods of Propaganda) Law" – the Elections (Methods of Propaganda) Law, 5719–1959;

"Regional Councils Law" – the Regional Councils (Election of Head of Council) Law, 5748–1988;

"Local Authorities (Elections) Law" – the Local Authorities (Elections) Law, 5725–1965;

"Chairperson of a Regional Elections Committee" – the chairperson of a regional elections committee appointed pursuant to Section 17d of the Elections (Methods of Propaganda) Law, with respect to elections to a local authority within the jurisdiction of the District Court in which such chairperson serves;

"Candidate in Elections to a Local Authority" – any of the following:

(1)From the commencement of the general elections period for local authorities until the day of submission of lists –

(a)a party as defined in the Local Authorities (Elections) Law and a faction of the Knesset;

(b)a faction of an outgoing council, as defined in Section 25 of the Local Authorities (Elections) Law;

(c)a person entitled, pursuant to Section 16(b)(1) of the Local Authorities (Elections) Law, to receive registry information, and such information has been provided to that person pursuant to Section 16(c) of that Law;

(d)a person entitled, pursuant to Section 5b(a)(1) of the Regional Councils Law, to receive registry information, and such information has been provided to that person pursuant to that Section;

(2)From the day of submission of candidate lists – a list of candidates in elections to the council of a local authority and a candidate for head of a local authority, as well as a person who submitted the list of candidates or the candidate nomination, excluding a group of voters;

"Party" – as defined in the Political Parties Law, 5752–1992, and with respect to the portion of the Knesset election period commencing on the day following the final date for submission of a list of candidates to the Knesset with the Central Elections Committee – a party as aforesaid that has submitted a list of candidates participating in the elections to the Knesset;

"Election Periods" – the Knesset election period or the general elections period for local authorities;

"General Elections Period for Local Authorities" – a period commencing on the 101st day before the day of the general elections to local authorities and ending on the 14th day after that elections day;

"Knesset Election Period" – a period commencing on the determining date, as defined in the Political Parties Financing Law, 5733–1973, and ending on the day of publication of the election results pursuant to Section 11 of Basic Law: the Knesset;

"Authority Election Period" – a period commencing on the day of submission of candidate lists or candidate nominations and ending on the 14th day after the elections day.

Exercise of Powers Under

23ni.

(a)The Head of the Authority, an inspector, or an investigator shall not, during election periods, exercise a power vested in such person pursuant to the sections listed below, on account of a violation of a provision under this Law relating to a database in which a party or a candidate in elections to a local authority holds controlling interest, committed by them or by a person holding such a database on their behalf, unless approval has been obtained pursuant to subsection (b):

(1)entry to premises, pursuant to Section 23j(a)(4);

(2)submission of an application for a search and seizure order or an order to access computer material in the framework of an administrative inquiry, pursuant to Section 23id;

(3)submission of an application for a stop order, pursuant to Section 23mt;

(4)the power to seize any object, pursuant to Section 23na(a)(2);

(5)submission of an application for a search and seizure order or an order to access computer material, pursuant to Section 23na(a)(3);

(6)a notice of intention to impose a charge pursuant to Section 23kz;

(7)delivery of an administrative warning, pursuant to Section 23lf;

(8)delivery of a notice of the possibility to submit an undertaking and to deposit a guarantee, pursuant to Section 23lt.

(b)A power referred to in subsection (a) may be exercised –

(1)during a Knesset election period, with respect to a database in which a party holds controlling interest – with the approval of the Chairperson of the Central Elections Committee;

(2)during a general elections period for local authorities, with respect to a database in which a party as defined in the Local Authorities (Elections) Law or a faction of the Knesset holds controlling interest – with the approval of the Chairperson of the Central Elections Committee, and with respect to a database in which another candidate in local authority elections holds controlling interest – with the approval of the Chairperson of a Regional Elections Committee.

(c)Prior to granting approval pursuant to this Section, the Chairperson of the Central Elections Committee or the Chairperson of the Regional Elections Committee, as the case may be, shall afford the party or the candidate in local authority elections concerned an opportunity to present their arguments; however, with respect to a power pursuant to subsection (a)(1) through (5), the chairperson of an elections committee as aforesaid may grant approval for the exercise of the power without soliciting the position of the party or the candidate in local authority elections, for reasons of urgency or if doing so would frustrate the purpose of exercising the requested power; the circumstances of the matter and the reasons for urgency shall be detailed in the chairperson's decision.

(d)The Chairperson of the Central Elections Committee or the Chairperson of a Regional Elections Committee shall not grant approval for the exercise of a power pursuant to this Section if it is found that doing so would materially impair the ability of the party or the candidate in local authority elections, as the case may be, to compete in the elections or to maintain contact with the electorate, and that the magnitude of the anticipated impairment as aforesaid exceeds the risk of harm to privacy and the risk of harm to the public interest underlying the exercise of the power; such approval may be subject to conditions.

(e)The Chairperson of the Central Elections Committee and the Chairperson of a Regional Elections Committee hearing a given application may, on their own initiative or upon a request by a party to the proceedings submitted prior to or during the hearing, order that the hearing be conducted before the Chairperson of the Central Elections Committee, if they deem it warranted in the circumstances of the matter.

(f)Should the Head of the Authority, an inspector, or an investigator decide to exercise a power pursuant to this Section during the election period for a local authority whose elections are held on a day other than the day of the general elections to local authorities, with respect to a database in which the candidate in elections to the local authority holds controlling interest, the candidate in elections to the local authority may request from the Chairperson of a Regional Elections Committee – or, if the candidate is a party as defined in the Local Authorities (Elections) Law or a faction of the Knesset, from the Chairperson of the Central Elections Committee – to determine that the said power shall not be exercised during the election period for that local authority, if it is found that the conditions set out in subsection (d) are met, or to make the exercise of the power subject to conditions; the provisions of subsections (c) and (e) shall apply to such a request and decision, with the necessary modifications.

(g)The provisions of Sections 17d and 17e of the Elections (Methods of Propaganda) Law shall apply to proceedings under this Section, with the necessary modifications.

(h)The provisions of this Section shall apply, with the necessary modifications, also with respect to elections to another local authority or to another regional council funded from the State budget, excluding a local committee.

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