Systematic government access to private-sector data in Israel

Abstract

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, privacy is a constitutional right protected by a Basic Law, legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. † This article examines Israel's attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms for accountability. It describes the recent decision of Israel's Supreme Court to uphold the validity of the Communications Data Act, which was enacted in 2007 to provide law enforcement authorities with access to communications data, despite its infringement on the constitutional right to privacy. † It explains how Israel utilizes the special independent status of the Attorney General as a check on government power.