Israeli High Court Orders Gov't To Minimize Cellular Network-Based Tracking Of COVID-19 Cases; Parliament Subsequently Discontinues The Measure Altogether

Published date03 April 2021
Subject MatterPrivacy, Coronavirus (COVID-19), Privacy Protection, Government Measures, Reporting and Compliance
Law FirmPearl Cohen Zedek Latzer Baratz
AuthorMr Haim Ravia and Dotan Hammer

The Supreme Court of Israel struck down major components in the Israeli government's nearly one-year-long use of the Israeli Security Agency (colloquially called "Shabak") in cellular-network-based monitoring of the whereabouts of individuals for epidemiological investigations to prevent the spread of COVID-19. The Supreme Court ordered the government to cease its current widespread use of cellular-network-based monitoring by March 14, 2021.

The Court's decision leaves room for the government to use cellular-network-based monitoring for epidemiological investigations only with those individuals who do not cooperate with their epidemiological investigations or individuals who state that they had no contacts at all with others. However, in late March, a majority vote of the Security and Foreign Affairs Committee of the Knesset (the Israeli legislature) decided against the government's continued use of the Shabak for COVID-19 contact tracing, thereby discontinuing the government's use for the time being.

Notably, the Court's...

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