The far-right government on Sunday, November 10, gave its backing to a bill sponsored by MK Zvika Fogel of the racist Otzma Yehudit party, allowing the police to spy computers and mobile phones using secret warrants, but not on the devices of politicians suspected of corruption.
According to the bill, district court judges will be empowered, at the request of senior police officials, to issue secret warrants for the intrusion into a computer system or phones belonging to a suspect if there is reason to believe that “such a search is required for the detection, investigation or prevention of a serious crime, or for the detection or apprehension of criminals who have committed such an offense, and that the purpose of the search will be frustrated if the search is conducted openly.”
MK Zvika Fogel and Minister of Nation Security Itamar Ben-Gvir of the racist Otzma Yehudit party at the Knesset plenum (Photo: Yonatan Sindel / Flash 90)
The Ministerial Committee for Legislation’s approval means that the government will lend its support to the bill as it goes to the Knesset, where it must pass three readings to become law.
However, according to the Association for Civil Rights in Israel (ACRI), right now police forces are gaining significant new powers, including the ability to store and process vast amounts of personal information, far beyond what was previously available. These databases contain sensitive personal details about innocent citizens, not just individuals suspected of wrongdoing. “Unfortunately, there has been a troubling rise in police officers accessing these databases for personal reasons, such as searching for information about family and friends, often abusing their authority or misusing the permissions granted to them. This issue has become so pervasive that the Israel Police Disciplinary Tribunal has labeled it a ‘police plague’.”
Despite the seriousness of this situation, the police response to officers who violate privacy rights has been more lenient than deterrent. A police directive states that officers who access databases unnecessarily for professional reasons will face disciplinary action, yet this is still considered a criminal offense. This approach trivializes the violations, resulting in inadequate punishments that fail to deter misconduct, effectively rendering the Protection of Privacy Law and other relevant legislation ineffective for police officers.
On September 29, 2024, ACRI sent to the police commissioner regarding this matter. Adv. Gil Gan-Mor and intern Yael Seidemann proposed developing a new directive that would address unauthorized access to police databases through criminal proceedings.
Related: https://maki.org.il/en/?p=28310
