"The Surveillance Law" - Comments of the Association on the Proposed Law
Following a petition (Hebrew) we filed together with the Association for Privacy Protection in Israel against the unauthorized implementation of the "Hawk Eye" surveillance system, the Supreme Court ordered the state to regulate the matter through legislation.
On May 29, 2023, we submitted our comments (Hebrew) on the proposed law to the National Security Committee. We emphasized existing issues with the proposed regulatory framework, which could potentially infringe on the right to privacy. Among other things, we argued that the law should include the following provisions:
Prohibition on establishing a database. The system should only retain real-time location and movement data of individuals listed as suspects for the purpose of providing timely alerts.
Immediate and automatic deletion of location data of innocent and non-suspect drivers, numbering hundreds of thousands, that may have been captured or recorded.
The use of real-time monitoring tools, such as Automatic License Plate Recognition (ALPR), to identify suspects should only be authorized with a court order, except in exceptional cases, such as life-saving scenarios.
Limiting the grounds for real-time monitoring of drivers to severe offenses and traffic violations. Specifically, using ALPR to track participants of lawful protests should be prohibited.
As long as the database is forbidden, and to the extent that an invalid database exists, access to location data and post facto identification should be limited and allowed only with a court order.
Information captured under the system's jurisdiction should be deleted and disqualified as evidence.
Crucial regulations related to the law must be included in the legislation itself and not in internal regulations or police protocols.
Comments of the Association for Civil Rights, May 29, 2023 (Hebrew)