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
Chapter IV: Disclosure of Information or Data by Public Bodies
Definitions
23.
[Amendment: 1985, 1995, 1995-2, 1996]
In this Chapter –
"public body" –
(1)Government ministries and other State institutions, a local authority, and any other body performing public functions under law;
(2)a body designated by the Minister of Justice by Order, with the approval of the Constitution, Law and Justice Committee of the Knesset, provided that the Order shall specify the types of information and data that the body shall be entitled to disclose and receive;
"database", "information", "the Registrar" and "use" –
23a.
[Amendment: 1985, 2024]
Prohibition on Disclosure of Information
23b.
(a)The disclosure of personal information by a public body is prohibited, unless the information has been published to the public under lawful authority, or has been made available for public inspection under lawful authority, or the person to whom the personal information relates has given consent to its disclosure.
(b)Nothing in the provisions of this Section shall prevent a security authority as defined in Section 19 from receiving or disclosing personal information for the purpose of fulfilling its functions, provided that such disclosure or receipt is not prohibited by statute.
Exception to the Prohibition
23c.
[Amendment: 1985, 2024]
The disclosure of personal information is permitted, notwithstanding the provisions of Section 23b, if it is not prohibited by statute or by principles of professional ethics –
(1)between public bodies, if one of the following conditions is met:
(a)the disclosure of personal information is within the scope of the powers or functions of the disclosing party and is required for the purpose of implementing a statute or for a purpose within the scope of the powers or functions of the disclosing party or the receiving party;
(b)the disclosure of personal information is to a public body that is entitled under law to demand that same information from any other source;
(2)from a public body to a Government ministry or other State institution, or between ministries or institutions as aforesaid, if the disclosure of the personal information is required for the purpose of implementing any statute or for a purpose within the scope of the powers or functions of the disclosing party or the receiving party; however, personal information that was provided on condition that it not be disclosed to another shall not be disclosed as aforesaid.
Obligations of a Public Body
23d.
[Amendment: 1985, 2024]
(a)A public body that regularly discloses personal information pursuant to Section 23g shall specify this fact on every request for information made pursuant to the Law.
(b)A public body that discloses personal information pursuant to Section 23g shall maintain a record of the personal information disclosed.
(c)A public body that regularly receives personal information pursuant to Section 23g, where such personal information is stored in a database, shall notify the Head of the Authority thereof, and this fact shall be included in the particulars of the database registry list pursuant to Section 12.
(d)A public body that has received personal information pursuant to Section 23g shall not make use of it except within the scope of its powers or functions.
(e)For the purpose of the duty to maintain confidentiality under any law, personal information disclosed to a public body by virtue of this Law shall be treated as personal information that body obtained from any other source, and in addition, all provisions applicable to the disclosing body shall also apply to the receiving body.
Excess Personal Information
23e.
[Amendment: 1985, 2024]
(a)Where personal information that is permitted to be disclosed pursuant to Sections 23b or 23g is contained in the same file together with other personal information (hereinafter – excess information), the disclosing body may disclose to the receiving body the requested personal information together with the excess personal information.
(b)The disclosure of excess personal information pursuant to subsection (a) is conditional upon the establishment of procedures to ensure the prevention of any use of the excess personal information received; such procedures shall be prescribed by Regulations, and until so prescribed by Regulations, the requesting body shall establish such procedures in writing and shall furnish a copy thereof to the disclosing body, upon its request.
Permitted Disclosure Is Not a Privacy Violation
23f.
[Amendment: 1985, 2024]
The disclosure of personal information that is permitted under this Law shall not constitute a violation of privacy, and the provisions of Sections 2 and 8 shall not apply thereto.
Regulations Regarding Disclosure of Personal Information
23g.
[Amendment: 1985, 2024]
The Minister of Justice, with the approval of the Constitution Committee, may promulgate Regulations concerning the procedures for the disclosure of personal information by public bodies.
23h.
[Amendment: 1985, 1996]
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Contact Us →Chapter IV1: Supervision and Administrative Inquiry Powers
Section A: Authorization of Inspectors
Authorization of Inspectors
23i.
[Amendment: 5784]
(a)The Head of the Authority may authorize an inspector from among State employees, who shall be vested with the powers under this Law, in whole or in part, 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 request 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 requirements, to the extent established, as directed by the Minister of Justice, with the consent of the Minister for National Security, and with respect to the exercise of powers of intrusion into computer material or copying thereof as referred to in Section 23יד — the candidate holds a position with the expertise required to perform such actions;
(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 inspector under this Section shall be by means of a certificate signed by the Head of the Authority, attesting to the inspector's role and to their powers under this Law (hereinafter — "Inspector'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.
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Contact Us →Section B: Supervisory Powers
Powers of an Inspector
23j.
[Amendment: 2024]
(a)For the purpose of supervising compliance with the provisions under Chapters II, IV and V, and for the purpose of supervising compliance with the provisions that the Head of the Authority is empowered to order the cessation of their violation pursuant to Section 23ka, an inspector authorized pursuant to the provisions of Section A (hereinafter – "inspector") may –
(1)require any person whom the inspector believes to be involved in the matter to provide the inspector with that person's name and address and to present before the inspector an identity card or other official document identifying that person;
(2)require any person involved in the matter to provide the inspector with any information or document;
(3)require any person involved in the matter to present before the inspector or to provide the inspector with a copy of computer material that includes system data or sample information; sample information collected pursuant to this Section shall not be collected to an extent exceeding what is required for the fulfillment of the supervisory purposes;
(4)enter any place where the inspector has reasonable grounds to believe that a database exists or that use is being made of a database, provided that the inspector shall not enter a place used as a residence except pursuant to a court order.
(b)Prior to exercising the inspector's powers pursuant to this Section, the inspector shall notify the person that the person is subject to supervisory proceedings; upon such notification, the person shall be required to answer questions put to that person, however, answers provided shall not serve as evidence in criminal proceedings against that person, if that person would not have been obligated to answer them had they been asked pursuant to Section 2(2) of the Criminal Procedure Ordinance (Testimony).
(c)The Head of the Authority shall delete system data or sample information that was provided or collected pursuant to subsection (a)(3), when such data or information is no longer reasonably required for the continuation of supervisory proceedings, and no later than within three years from the date of provision or collection of the information, and with respect to system data – within seven years, unless the information is required for proceedings pursuant to Section B or Section C of this Chapter, pursuant to Chapter IV/3 or pursuant to Chapter IV/4.
Identification of an Inspector
23ja.
[Amendment: 2024]
An inspector shall not exercise the powers vested in the inspector pursuant to this Chapter, except while performing the inspector's duties and provided that both of the following conditions are met:
(1)the inspector visibly wears a badge identifying the inspector and the inspector's role;
(2)the inspector carries an inspector's certificate, which shall be presented upon request.
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Contact Us →Section C: Administrative Inquiry
Administrative Inquiry
23jb.
[Amendment: 5784]
(a)Where an inspector has reasonable grounds to believe that a violation has been committed of a provision among those which the Head of the Authority is empowered to order the cessation of pursuant to Section 23כה, or a provision under this Law as referred to in Section 23כו, the inspector may initiate an administrative inquiry proceeding into the violation and, for that purpose, exercise the powers set forth in Section 23י.
(b)In an administrative inquiry proceeding pursuant to subsection (a), the duty of identification under Section 23יא shall not apply if its fulfillment is liable to cause any of the following:
(1)frustration of the exercise of the inspector's power;
(2)harm to the safety of the inspector or to the safety of another person.
(c)Once the circumstance by reason of which the inspector did not fulfill the duty of identification as referred to in subsection (b) has passed, the inspector shall fulfill that duty as early as possible.
Notice of Administrative Inquiry Proceeding and Response to Inspector's Questions
23jc.
[Amendment: 5784]
Prior to exercising powers under this Section, the inspector shall notify a person that an administrative inquiry proceeding is being conducted with respect to the database and shall inform that person of the nature of the proceeding. Having been so notified, that person is required to answer questions put to him; however, answers he has given shall not serve as evidence in criminal proceedings against him, if he would not have been obliged to answer them had he been questioned pursuant to Section 2(2) of the Criminal Procedure Ordinance (Testimony).
Search and Seizure Order and Order to Access Computer Material
23jd.
[Amendment: 5784]
(a)Where an inspector authorized for this purpose by the Head of the Authority has reasonable grounds to believe that a violation of a provision under this Law has been committed, as referred to in Section 23יב(a), the inspector may apply to the court for a search and seizure order or an order to access computer material pursuant to Sections 23(1), 23a, and 24 of the Arrest and Search Ordinance, and may execute such orders personally or through another inspector; notice of an authorization pursuant to this subsection shall be published in the Official Gazette (Reshumot).
(b)Information collected by means of accessing computer material in the framework of an administrative inquiry shall be used solely for the purpose for which it was collected, and shall not serve as evidence in criminal proceedings.
Manner of Conducting a Search, Seizing an Object, and Accessing and Copying Computer Material
23if.
[Amendment: 5784]
The provisions of Sections 23a, 24(a)(1) and (b), 26 to 28, 31, 32a to 42, and 45 of the Arrest and Search Ordinance shall apply, with the necessary modifications, to the conduct of a search, seizure of an object, and access to or copying of computer material pursuant to this Section, subject to the following modifications: powers vested in a police officer shall be vested in an inspector, and powers vested in an officer shall be vested in the Head of the Authority or in an inspector authorized by the Head of the Authority for that purpose.
Decision on Administrative Inquiry Proceeding Where There Are Reasonable Grounds to Suspect a Criminal Offence
23ig.
[Amendment: 5784]
(a)Where the Head of the Authority has reasonable grounds to suspect that an act or omission (in this Chapter — an act) has been committed by reason of which either a criminal investigation may be conducted pursuant to Section A of Chapter 4D or an administrative inquiry may be conducted pursuant to this Section, the Head of the Authority shall decide whether to conduct a criminal investigation or an administrative inquiry. The decision of the Head of the Authority shall be made in accordance with the following considerations only, and pursuant to an enforcement procedure established by the Head of the Authority:
(1)the severity of the act and the circumstances thereof;
(2)an assessment of the nature and strength of the evidence relating to that act;
(3)the enforcement policy of the Authority.
(b)Where the Head of the Authority has decided to conduct an administrative inquiry proceeding as referred to in subsection (a), and new facts come to light that were not previously known to the Authority and that, had they been known to the Authority, would have affected the decision, the Head of the Authority may order the conduct of a criminal investigation in lieu of the inquiry proceeding.
(c)The Head of the Authority may delegate the power under subsection (a) to decide to conduct a criminal investigation or an administrative inquiry to a senior employee directly subordinate to him; notice of such delegation shall be published in the Official Gazette (Reshumot).
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Contact Us →Section D: Horizontal Supervision and External Experts
Plan for Horizontal Supervision and Engagement of Non-State Employees for the Purpose of Horizontal Supervision
23jg.
[Amendment: 5784]
(a)The Head of the Authority shall establish a plan for horizontal supervision of the implementation of the provisions under this Law and the list of supervised entities to which the horizontal supervision plan shall apply; for the purpose of implementing the plan, the Head of the Authority may engage a person who is not a State employee in carrying out the following actions (in this Section – an assisting entity):
(1)Distribution of horizontal supervision questionnaires to supervised entities, provided that it is made clear that the approach to the supervised entity is on behalf of the Authority, but that responses and communications shall be conducted with a person who is not a State employee, and that the supervised entity shall be entitled to approach the State employee whose name and contact details shall be specified in the communication;
(2)Receipt of responses to the questionnaire from the supervised entity, together with accompanying documents that were requested and additional documents appended by the supervised entity;
(3)Examination of the responses to the questionnaire and the documents received pursuant to paragraph (2), in accordance with criteria to be established by the Head of the Authority in a procedure;
(4)Approaching the supervised entity for the purpose of receiving supplementary information or to notify it of the need to clarify its answers before the Authority;
(5)Preparation of a report for the Authority regarding the supervised entity's responses to the questionnaire, in respect of a specific supervised entity or a category of supervised entities;
(6)Granting an extension in response to a supervised entity's request for time to respond to the questionnaire or to submit documents, pursuant to the Authority's instructions;
(7)Responding to the supervised entity on technical questions.
(b)In carrying out the actions, an assisting entity shall act in accordance with the guidance and instructions of the Head of the Authority and under his supervision; however –
(1)Any action requiring the exercise of discretion vested in the Authority or its employees by law shall only be carried out by a person who is a State employee;
(2)An assisting entity shall not carry out any action that requires entry into premises in accordance with the provisions of Section 23j(a)(4).
(c)The provisions of Section 23יח(c)(2) through (e), (g), (j) and (k) shall apply to an assisting entity, with the necessary modifications.
Engagement of an External Expert
23jh.
[Amendment: 5784]
(a)For the purpose of supervising compliance with the provisions under Chapters B, D and E, and for the purpose of exercising his powers under Sections B and C and Chapter D3, the Head of the Authority may engage a person who is not a State employee and who holds an approval granted to him pursuant to the provisions of subsection (c) (in this Law – an external expert), in matters requiring unique experience, knowledge or means.
(b)An external expert shall act on behalf of the Head of the Authority, in accordance with his guidance and instructions and under his supervision; an external expert shall not exercise any authority entailing the exercise of discretion vested in the Head of the Authority or the employees of the Authority by law.
(c)The Head of the Authority may grant an approval to serve as an external expert to a person in whom all of the following conditions are met:
(1)The person possesses experience, knowledge and expertise appropriate to the role;
(2)The person has not been convicted of an offense which, by reason of its nature, severity or circumstances, renders the person unfit to serve as an external expert.
(d)The Head of the Authority may decline to grant an approval to serve as an external expert to a person against whom criminal proceedings are pending in respect of an offense which, by reason of its nature, severity or circumstances, renders the person unfit to serve as an external expert.
(e)
(1)A person shall not be appointed as an external expert and shall not serve as an external expert if, by reason of such service, the person would regularly find himself in a situation of conflict of interests.
(2)An external expert shall not handle, within the scope of his role, any matter the handling of which would cause him to find himself in a situation of conflict of interests.
(3)If an external expert becomes aware that he may find himself in a situation of conflict of interests as referred to in paragraphs (1) or (2), he shall notify the Head of the Authority of this as soon as possible.
(f)An external expert may require any person concerned to provide him with any information or document, provided that every such requirement is approved in advance by an inspector, and the external expert may also accompany an inspector entering premises pursuant to the provisions of Section 23j(a)(4).
(g)An external expert who has received information pursuant to the provisions of this Section in the course of performing his role or during the course of his work shall keep it confidential, shall not disclose it to another person and shall make no use of it, except pursuant to the provisions of this Law or another enactment or pursuant to a court order.
(h)A person who considers himself aggrieved by an action of an external expert may submit a reasoned written complaint to the Head of the Authority; the Head of the Authority shall examine the complaint and respond to the complainant within 45 days; if the Head of the Authority finds that the complaint was justified, he shall notify the complainant and the external expert of this, together with his decision; if the Head of the Authority finds that the complaint was not justified, he shall notify the complainant and the external expert of this in writing.
(i)
(1)An external expert shall have the same status as State employees for the purposes of the provisions relating to public servants in the Penal Law, 5737–1977, and the provisions of the Civil Service (Gifts) Law, 5740–1979.
(2)Restrictions on the occupational activities of an external expert following the termination of his engagement shall be established in the terms of the engagement contract with him, including provisions regarding the period during which the external expert shall not work for an entity that competes with an entity whose affairs he handled as an external expert, shall not provide services to such an entity, and shall not receive any right or benefit from such an entity.
(j)Notice of an approval to serve as an external expert and an updated list of external experts shall be published on the Authority's website.
(k)In this Section –
"family member" – a spouse, parent, grandparent, son or daughter and their spouses, brother or sister and their children, father-in-law, mother-in-law, grandson or granddaughter, including a relative as aforesaid who is a step-relative;
"interested party" – as defined in the Securities Law, 5728–1968;
"handling" – including making a decision, raising a matter for discussion, presence at a discussion, participation in a discussion or vote, or dealing with a matter outside of a discussion;
"conflict of interests", of an external expert – a conflict of interests between the performance of his role and a personal interest or another role, of his own or of his relative;
"relative" – any of the following:
(1)A family member of an external expert;
(2)A person in whose financial situation the external expert has an interest;
(3)A corporation in which an external expert, his family member, or a person referred to in paragraph (2), is an interested party;
(4)A body in which an external expert, his family member, or a person referred to in paragraph (2), serves as a director or responsible employee.
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